Md. Washim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41838 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -RUPAULI District- PURNIA ====================================================== Md. Washim, Son of Late Md. Suleman, resident of Village- Patkaili, P.S.- Rupouli, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate. For the Opposite Party/s : Md. Nazir Ansari, A.P.P. For the informant : Mr. Raj Kumar, Advocate. Mr. Vijay Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Rupouli P.S. Case No. 26 of 2018 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code.

In the written report it is alleged that wife of the petitioner was found dead in the Maize field. From the neck of the deceased blood was oozing. The informant saw the petitioner along with Md. Akhtar smoking Ganja in nearby field. The informant enquired from them, but they told nothing. The informant raised suspicion that petitioner along with Md. Akhtar would have committed murder of his wife after attempting to

Patna High Court Cr.Misc. No.41838 of 2018 (3) dt.24-09-2018 2/2 commit illegal act with her.

Counsel for the petitioner submits that name of this petitioner has come in Fard-e-beyan merely on suspicion. He further submits that Md. Akhtar with similar allegation has already been granted bail by this Court vide order dated 31.07.2018 passed in Cr. Misc. 46586 of 2018. It is mentioned in the aforesaid order that no injury on her private parts except cut mark on neck of the deceased was found.

Counsel for the informant has appeared and opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Purnea, in connection with Rupouli P.S. Case No. 26 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T