Md Imtiyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58104 of 2022 Arising Out of PS. Case No.-580 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Md Imtiyaz Alam S/O Late Md. Rasid Resident Of Village- Bishwanathganj, Ward No.07, P.S. And District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 337, 338, 427, 308, 379, 504, 506/34 of the Indian Penal Code. Later on, Section 302 I.P.C was also added.

It is alleged by the informant that her sister has been killed by the petitioner along with all the F.I.R named accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.58104 of 2022(4) dt.21-03-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and the name of the petitioner has come on the basis of fardbeyan of the informant which was recorded at hospital after postmortem. The petitioner is husband of the victim. The victim met with an accident due to which she died. There is no consistent material evidence against the petitioner and only since petitioner is husband of the deceased, he has been roped in the present case. The charges have already been framed against the petitioner. The petitioner is languishing in custody since 22.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner being husband of the victim is fully responsible for this offence.

Patna High Court CR. MISC. No.58104 of 2022(4) dt.21-03-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 580 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T