← Library
Patna High CourtCR. MISC./49113/2014bail granted

Ful Mohamad @ Bijali v. The State Of Bihar

2015-02-20Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49113 of 2014 Arising Out of PS.Case No. -233 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Ful Mohamad @ Bijali Son of Md. Samsul Resident of Village - Barhanda, P.S. Minapur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Minapur P.S. Case No. 233 of 2014 dated 07.06.2014 instituted under Section 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that he has been made accused by the informant, who is his wife, of killing his one year old daughter by strangulating her, which is totally false. It is submitted that the child had died for no apparent reason

Patna High Court Cr.Misc. No.49113 of 2014 (2) dt.20-02-2015 2/2 as has been found in the postmortem report and no external injuries were found. It is further submitted that the petitioner, being the father of the deceased one year old child, cannot have even dreamt of taking such a drastic step and only on the basis of suspicion but without any cogent reason, he has been made accused. Learned counsel submits that the petitioner having clean antecedent is in custody since 09.06.2014.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in Minapur P.S. Case No. 233 of 2014. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J) Anjani/- U T