Md. Aamir Hassan@ Amir Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26559 of 2016 Arising Out of PS.Case No. -226 Year- 2015 Thana -AKBARPUR District- NAWADA ====================================================== MD. AAMIR HASSAN @ AMIR HASSAN, son of Md. Masududdin, resident of village Packrukhi, P.S. Akbarpur, district Nawadah .... Petitioner

Versus

The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party : Mr. Dr. Kumar Uday Pratap, APP 238 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard the learned counsel for the petitioner, the informant and the State.

This is a petition for grant of regular bail for offence under Sections 448, 354, 307, 326A and 34 of the Indian Penal Code.

The prosecution story, in brief, is that the informant's daughter got burn injury due to acid attack. It has also been alleged that undue pressure was being put for the marriage of informant' daughter.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.03.2016. Charge sheet has been submitted in the case. There is no criminal antecedent against the petitioner and there is no allegation of tampering of the witness alleged against the petitioner. The petitioner is not named in the First Information Report. The alleged occurrence is said to have taken place on 13.09.2015 and the First Information Report was instituted on 14.09.2015. The victim was examined under Section 161 of the Criminal Procedure Code, but, not named the petitioner. A protest petition was also filed on behalf of the

Patna High Court Cr.Misc. No.26559 of 2016 (4) dt.26-08-2016 informant, there also the petitioner is not named and ultimately after a period of four months the name of the petitioner has been taken with the allegation to be the order giver. The informant is not an eye witness to the alleged occurrence. On behalf of the State and the counsel for the informant it has been submitted that the petitioner is named in the First Information Report and involved in the present case. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Akbarpur P.S. Case No. 226 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, II, Nawadah.

(Sudhir Singh, J) SA/- U √ T √