← Library
Patna High CourtCR. MISC./44471/2024bail granted

Md. Zawed Alam @ Md. Zaved Alam @ Md. Javed Alam v. The State Of Bihar

2024-07-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44471 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Zawed Alam @ Md. Zaved Alam @ Md. Javed Alam S/O Md. Mister Alam @ Mistar R/O Village Dhumnagar Ps Azamnagae District Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Azamnagar P.S. Case No. 223 of 2023 instituted for the offence under Sections 302, 304(B), 498(A) & 34 of the Indian Penal Code. Petitioner's earlier prayer of bail was rejected vide order dated 04-03-2024, passed in Cr. Misc. No. 12997 of 2024 with a direction to renew his prayer for grant of bail after framing of charge.

3.

Prosecution case in short is that the daughter of the informant was married with this petitioner but after one year of marriage, this petitioner tortured her and threatened to solemnize second marriage for not begetting a child. It is further

Patna High Court CR. MISC. No.44471 of 2024(3) dt.03-07-2024 2/3 alleged that on 28-06-2023, this petitioner went to Azamnagar Market with his wife, but they did not return home, thereafter, the informant received information that the dead body of her daughter was lying in a field.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-06-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted by learned counsel for the petitioner that charge has been framed in this case on 23-01-2024 and uptil now, there is not a single witness examined.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the fact that charge has been framed in this case, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Azamnagar

Patna High Court CR. MISC. No.44471 of 2024(3) dt.03-07-2024 3/3 P.S. Case No. 223 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T