Md. Habid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49761 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- PRATAPGANJ District- Supaul ====================================================== MD. HABID Son of Md. Alauddin Resident of village - Shripur, P.S.- Pratapganj, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 325, 307, 302/34 of the Indian Penal Code.

3. The allegation against the petitioner is of assaulting by means of Mungari on the head of the minor daughter of the informant and also her mother, due to which the minor daughter of the informant died.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.49761 of 2023(3) dt.04-09-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner and the informant are full brother and sister and they were residing in the same house at the time of occurrence. He submitted that actually the occurrence took place when the petitioner was repairing the tin shade of the house, meanwhile scuffle took place between the petitioner and the informant and during the course of scuffle the infant child of the informant slipped down from her lap and become injured and during the course of treatment, she died. He further submitted that after completing the investigation, chargesheet has been submitted u/s Section 304 of the IPC instead of Section 302 of the IPC. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.49761 of 2023(3) dt.04-09-2023 3/3 satisfaction of the learned Court below in connection with Pratapganj P.S. Case No. 61 of 2022.

(Sunil Kumar Panwar, J) arish/- U