Mousam Kumar @ Md. Mosim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72026 of 2021 Arising Out of PS. Case No.-415 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Mousam Kumar @ Md. Mosim S/o Md. Salauddin R/o- vill- Jhitkiya, Ward No. 2, P.S. Singheshwar, Distt. - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhepura P.S. Case No. 415 of 2021 registered under Section 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.08.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that on basis of suspicion that the petitioner killed his sister who was posted as guard in Sadar Hospital, Madhepura and had come to the village to attend the marriage of her brother and the petitioner had arranged room on rent for the deceased, further alleges that the petitioner used to visit his house secretly. Learned counsel submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that entire allegation hinges around suspicion. Informant is not an eye

Patna High Court CR. MISC. No.72026 of 2021(2) dt.12-05-2022 2/2 witness to the occurrence nor any motive has been assigned in the F.I.R. as to why the petitioner would have killed the deceased. It is further submitted that it is not possible for an individual to alone commit the occurrence when the postmortem report records asphyxia due to hanging.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 26.08.2021, is a person with clean antecedent and chargesheet has been submitted in the case and the entire allegation hinges around the suspicion and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named is directed to be released on bail 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 court below where the case is pending/successor court in connection with Madhepura P.S. Case No. 415 of 2021. Learned counsel for the petitioner seeks permission to rectify the pleading made at Para '1' of the bail application. Permission granted.

(Satyavrat Verma, J) ved/- U T