Patna High CourtCR. MISC./35499/2016bail granted

Md. Samad @ Chhote v. The State Of Bihar

2016-10-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35499 of 2016 Arising Out of PS.Case No. -366 Year- 2015 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Md. Samad @ Chhote S/o Md. Islam Resdent of Village Ganohar Nawada; P.S. Muffasil, Distt Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 328,304(B)/34 of the Indian Penal Code in which cognizance has been taken under Section 302/34 of the Indian penal Code.

The allegation against the petitioner and other coaccused is of killing the sister of the informant by administering poison for non fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.12.2015. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court Cr.Misc. No.35499 of 2016 (3) dt.24-10-2016 2/2 implicated in the present case. There is no eye witness to the alleged occurrence. The alleged occurrence has taken place after eight years of the marriage. The witnesses in paras 27, 28 and 29 of the case diary have stated that the deceased has committed suicide.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the facts and circumstances of the case, let, 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 Sessions Judge, Samastipur in connection with Muffasil P.S.Case No. 366 of 2015 (S.T.No. 342/16).

(Sudhir Singh, J) singh/- U T