Fahim @ Sah Fahimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73126 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- SIKTI District- Araria ====================================================== FAHIM @ SAH FAHIMUDDIN S/o Mehruddin @ Sah Mehruddin @ Sah Mahiruddin @ Shah Maherudin R/v- Salgodi, P.S.- Sikty, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Sikty P.S. Case No. 69 of 2022 registered for the offence punishable under sections 147, 149, 341, 323, 379, 363, 365, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, the daughter of the informant is said to have allegedly been trace-less and it is alleged that she might have been killed by the brother-in-law of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The present case is an outcome of retaliation of Sikty P.S. Case No. 54 of 2022 lodged by the petitioner against the family member of the informant. . Occurrence took place on 5.3.2022 whereas

Patna High Court CR. MISC. No.73126 of 2022(3) dt.20-06-2023 2/2 the FIR has been lodged on 16.3.2022 after a lapse of 11 days without any explanation of inordinate delay. Both the parties are relatives. He further submits that statement of the victim girl recorded u/s 164 Cr.P.C. is not supported by any medical evidence. After investigation, police has submitted chargessheet against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 8.2.2023 passed in Cr. Misc. No. 47829 of 2022. Petitioner has got no criminal antecedent and languishing in judicial custody since 9.9.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 SDJM, Araria in connection with Sikty P.S. Case No. 69 of 2022. (Sunil Kumar Panwar, J) sushma/- U