Patna High CourtCR. MISC./46115/2019bail granted

Abdullah Khan v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46115 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Abdullah Khan S/o Kalam Khan R/o village- Piparpatti, P.S.- Yogapatti, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 304(B)/34 of the Indian Penal Code.

Allegation is that the accused persons sprinkled kerosene oil on the body of the daughter of the informant and set her on fire.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.5.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is the Bhaisur of the deceased. Paragraph 19 is the dying declaration of the deceased. She has not named the petitioner. Specific allegation has been made

Patna High Court CR. MISC. No.46115 of 2019(3) dt.26-08-2019 2/2 against the co-accused, namely, Ladli Khatoon and Majrula Khatoon. Petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District West Champaran in connection with Yogapatti P.S. case No.392 of 2018.

(Sudhir Singh, J) Narendra/- U T