Patna High CourtCR. MISC./43236/2023bail granted

Md. Saddam v. The State Of Bihar

2023-09-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43236 of 2023 Arising Out of PS. Case No.-172 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== MD. SADDAM Son of Md. Yunus @ Md. Unus Resident of Village - Uttri Tola Tarauna, Ward No.- 13, P.S.- Beldour, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Beldour P.S. Case No. 172 of 2021 (GR. No. 2512 of 2021) dated 06.08.2021 registered for the offences punishable u/ss 302 and 120B of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant under conspiracy.

Patna High Court CR. MISC. No.43236 of 2023(3) dt.08-09-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the husband of the deceased. As per FIR, there is no allegation of demand of dowry. Learned counsel has further submitted that as per post-mortem report, the cause of death is heart attack. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Beldour P.S. Case No. 172 of 2021 (GR. No. 2512 of 2021).

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T