Md Iqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55838 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- BALRAMPUR District- Katihar ====================================================== Md Iqbal Son Of Md Mansur Resident Of Village- Madarsa Tola Kumharawa, Ps- Baysi, Distt- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the sister of the informant namely, Chaman Noori (deceased).

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that on the basis of suspicion, name of the petitioner has been dragged in the present case. The deceased never came to reside at petitioner house. Dead body of deceased was recovered from the house of

Patna High Court CR. MISC. No.55838 of 2023(3) dt.09-10-2023 2/2 Anwari Khatun, who has already been enlarged on bail by this court vide order dt. 24.4.2023 passed in Cr. Misc. No. 2944 of 2023. There is no consistent evidence no eye-witness to show the petitioner has involved in the said crime. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.09.2022. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as petitioner being a lady, this court is inclined to enlarge the petitioner on bail.

The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ 3rd , Katihar in connection with Balrampur ( Telta O.P.) P.S. Case No. 142 of 2022.