Patna High CourtCR. MISC./51373/2024bail granted

Md. Islam v. The State Of Bihar

2024-10-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51373 of 2024 Arising Out of PS. Case No.-1206 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Md. Islam Son of Md. Anwar R/O Mohall- Near Karamchari Office, Ward no. 07, Madhepura, P.S.- Madhepura, Dist.- Madhepura ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Anand, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 1206 of 2023, registered for the offences punishable under Sections 302/34 of the IPC and section 27 of the Arms Act.

3. The informant stated in her fardbeyan that she got information on phone at around 3:50 PM that her daughter was shot at around 2:30 PM by an unknown person. Thereafter, she rushed to the Sadar Hospital, Madhepura but her daughter had died. Accordingly, the FIR was lodged.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, he has solemnized

Patna High Court CR. MISC. No.51373 of 2024(3) dt.26-10-2024 2/2 inter-religion marriage with the deceased, which is an admitted fact due to which the informant (mother of the deceased) was not happy. The first husband of the deceased had deserted the deceased and it was the reason that she solemnized marriage with the petitioner. The petitioner has not been made accused in the FIR, and after three months of the occurrence, he has falsely been implicated in this case.

5. On the other hand, the learned APP for the State Sri Shailendra Kumar has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 1206 of 2023, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T