Patna High CourtCR. MISC./62510/2023allowed

Md. Istaq @ Md. Estaq v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49982 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== MD. SHAMIM @ SONU SON OF MD. SIRAJ R/O-BABRAHA, P.S.- PARBATTA, DISTT.-KHAGARIA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62510 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Md. Istaq @ Md. Estaq S/O Md. Siraj R/O Vill- Bahraha, P.S- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49982 of 2023) For the Petitioner/s :

Mr.Viveka Nandsingh For the State :

Mr.Ram Anurag Singh For the Informant :

Md. Chandan Kumar Kashyap (In CRIMINAL MISCELLANEOUS No. 62510 of 2023) For the Petitioner/s :

Mr.Binay Kumar For the State :

Mr.Arun Kumar Singh For the Informant :

Md. Chandan Kumar Kashyap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners seek regular bail in connection with Parbatta P.S Case No. 116 of 2023 registered for the offence under Sections 341, 323, 326A, 307/34 of the IPC.

3. The prosecution case, in brief is that the petitioners

Patna High Court CR. MISC. No.49982 of 2023(5) dt.08-02-2024 2/3 along with other co-accused persons administered acid to his daughter due to which her health condition got deteriorated. It is also alleged that the petitioner Md. Istak promised to marry with the informant's daughter but he denied.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The present case has been lodged due to denial of marriage by the petitioner Md. Istak with the daughter of the informant. It is also submitted that a supplementary medical report of the victim annexed with the case diary in which doctor opined her injury is simple in nature. The petitioners have got no criminal antecedent and petitioner Md. Shamim and Md. Istak are languishing in judicial custody since 8.4.2023 and 26.6.2023 respectively.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Parbatta P.S. Case No. 116 of 2023

Patna High Court CR. MISC. No.49982 of 2023(5) dt.08-02-2024 3/3 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Khagaria or concerned court.

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