Patna High CourtCR. MISC./62699/2024bail granted

Azim v. The State Of Bihar

2024-09-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62699 of 2024 Arising Out of PS. Case No.-28 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== Azim, Son of Late Tasruddin, Resident of Village- Dharhara, Ansari Tola, P.SBanmankhi, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate Mr. Hira Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no. 61 of 2024 (arising out of Banmankhi P.S. Case no. 28 of 2020) registered under sections 498A, 341, 323, 363 and 365 of the Indian Penal Code to which sections 302 and 201 of the Indian Penal Code were added subsequently.

3. As per the prosecution case, the informant states that his daughter who was married to the petitioner herein was abused, tortured and assaulted by the accused persons including the petitioner herein who happened to be her husband. She was ultimately killed and her body disposed of.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 9.4.2024 (Annexure-1) passed in Cr. Misc. no. 84082 of

Patna High Court CR. MISC. No.62699 of 2024(2) dt.13-09-2024 2/2 2023 giving liberty to the petitioner to renew his prayer for bail after completing one year in custody or after framing of charge, whichever is later. It is submitted that charge against the petitioner has been framed in the learned Court below vide order dated 29.4.2024 and he is in custody for more than one year since 13.8.2023.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., liberty granted to the petitioner in the earlier order of rejection dated 9.4.2024, the petitioner having remained in custody for more than a year since 13.8.2023 and charge having been framed in the learned Court below on 29.4.2024 (page no.22), the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 61 of 2024 (arising out of Banmankhi P.S. Case no. 28 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Session Judge-III, Purnea.

(Partha Sarthy, J) avinash/- U T