Patna High CourtCR. MISC./46686/2023bail granted

Md. Allauddin v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46686 of 2023 Arising Out of PS. Case No.-6 Year-2006 Thana- HATHAURI District- Muzaffarpur ====================================================== MD. ALLAUDDIN, aged about years, Gender, Male, S/O FIDA HUSSAIN R/O VILLAGE- BHUTANE, PS. HATHORI DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Hathauri P.S. Case No. 06 of 2006 dated 15.01.2006 registered for the offence(s) punishable under Section(s) 304(B)/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that against the petitioner there is no specific allegation of cruelty to the victim and the main accused, who is stated to be the husband of the victim, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.1304 of 2015 and petitioner, who is brother-in-law of the deceased, has been languishing in jail

Patna High Court CR. MISC. No.46686 of 2023(2) dt.28-07-2023 2/2 since 03.04.2023. Further submission is that after the investigation the police did not send up this petitioner and the concerned Trial Court summoned this petitioner under Section 319 of Cr.P.C.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the husband of the deceased is on bail and petitioner is stated to be the brother-in-law of the deceased and he has been made accused during the trial under Section 319 of Cr.P.C., in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Hathauri P.S. Case No. 06 of 2006 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T