Md. Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64188 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- SANHAULA District- Bhagalpur ====================================================== MD. IRSHAD SON OF MD. KHURSHID R/O VILLAGE- MURGIACHAK, P.S.- SANHAULA, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Sanhaula P.S. Case No.13 of 2022 dated 06.02.2022 registered for the offences punishable under Sections 328, 304(B) and 34 of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that the allegations levelled in the FIR are completely false, in fact on account of some trivial family issues the victim herself consumed poison and thereafter the petitioner and his family members took the victim to hospital for medical treatment and petitioner was arrested from the hospital and during investigation independent persons were examined who supported the petitioner's defence

Patna High Court CR. MISC. No.64188 of 2022(4) dt.18-04-2023 2/2 as to the victim being upset due to some family disputes and particularly with regard to she being issueless and the petitioner has been languishing in jail since 07.02.2022 and the postmortem report confirmed the victim having taken poisonous material.

4.

Learned APP appearing for the State has opposed the bail prayer.

5.

In view of the facts, as stated above, and mainly considering the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail after framing of charge, if the same has not been framed, on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sanhaula P.S. Case No.13 of 2022 .

(Shailendra Singh, J) sangam/- U T