Md. Annaytullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49650 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Md. Annaytullah Son of Md. Hasib @ Md. Hasib Ansari @ Mohamad Hasil R/O Vill.- Madarpur, P.s.- Ganga Bridge, Dist.- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Arun For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 302/34 of the Indian Penal Code.
3. As per F.I.R., the informant, who is Chaukidar, has alleged that on receipt of information that this petitioner has killed his wife, he reached the house of petitioner and found dead-body of petitioner's wife with a black mark on her neck. It is further alleged in the F.I.R. that informant learnt this fact that there was estrange relation between the deceased and family members of petitioner as also with petitioner and due to this reason, all the accused persons under a conspiracy committed the murder of deceased.
4. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.49650 of 2024(2) dt.25-10-2024 2/3 F.I.R. has been lodged at the instance of local Chaukidar, who was in enimical terms with petitioner. None of the family members of deceased has supported the prosecution case. Till date, out of 7 prosecution witnesses, 5 witnesses have been examined including father of the deceased, who also deposed that relation between the deceased and petitioner was cordial and at no point of time, there was any complaint and he was present at the time of preparation of inquest report. The inquest report was prepared in his presence and the deceased died during course of treatment. None has killed the deceased. Petitioner has got clean antecedent and is in custody since 08.05.2024. Chargesheet has been submitted.
5. Learned A.P.P. for the State vehemently opposed the bail petition.
6. Considering the evidence of father of the deceased and period of custody, the prayer for bail of petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 145 of
Patna High Court CR. MISC. No.49650 of 2024(2) dt.25-10-2024 3/3 2023.
(Prabhat Kumar Singh, J) anay U T