Mubarak Hussain @ Mobarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56538 of 2024 Arising Out of PS. Case No.-310 Year-2022 Thana- MAKER District- Saran ====================================================== Mubarak Hussain @ Mobarak SON OF EID MOHAMMAD Village -Pachhim Thahara Police Station -Maker District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv.

For the State :

Mr. Dilip Kumar No. 1, APP For the Informant :

Mr. Vivek Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2024 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner, Mr. Dilip Kumar No. 1, learned APP for the State and Mr. Vivek Kumar Pandey, learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 304(B), 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have killed the daughter of the informant by strangulating her.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.56538 of 2024(3) dt.20-09-2024 2/2 general and omnibus in nature. He submits that the petitioner is the husband of the deceased and he was not present at the time of occurrence at his home rather he was in Delhi where he was working for his livelihood. The petitioner has no criminal antecedent and has been languishing in custody since 05.04.2024.

5. Learned APP for the State as well as learned counsel for the informant opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Maker P.S. Case No. 310 of 2022.

7. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned Court concerned.

(Anjani Kumar Sharan, J) anand/- U T