Patna High CourtCR. MISC./55254/2024bail granted

Md Razzaque @ Razzaque @ Md Rajjak v. The State Of Bihar

2024-11-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55254 of 2024 Arising Out of PS. Case No.-46 Year-2023 Thana- TERHAGACHH District- Kishanganj ====================================================== Md Razzaque @ Razzaque @ Md Rajjak SON OF MD SARFO UDDIN VILLAGE- CHARGHARIA, PS- TERHAGACHH, DIST- KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Terhagachh P.S. Case No. 46 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The petitioner is the husband of the deceased who is said to have killed the deceased along with the other coaccused persons. From the report of the trial court, it appears that out of nine chargesheeted witnesses, three witnesses have been examined and rest of the witnesses have not been examined because they are not turning up for trial though summons and bailable warrants have been issued against the witnesses. The petitioner is in jail since 22.06.2023.

4. From the above, it appears that the prosecution is not co-operating in the trial. The petitioner cannot remain in jail

Patna High Court CR. MISC. No.55254 of 2024(3) dt.22-11-2024 2/2 indefinitely.

5. Considering the fact that the prosecution is delaying the trial, this application is allowed.

6. 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 Additional Sessions Judge 1st cum Special Judge, Kishanganj/concerned court in connection with Terhagachh P.S. Case No. 46 of 2023.

7. The petitioner will co-operate in the trial personally or through his lawyer.

(Sandeep Kumar, J) Saif/- U T