Md. Maksud v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67092 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- FALKA District- Katihar ====================================================== Md. Maksud Son of Md. Jahir Resident of Village- Dira Chandpur, P.S.- Falka (Pothia), District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 356 of 2022 arising out of Falka (Pothia) P.S. Case No. 112 of 2021 lodged under Sections 302, 304(B), 328, 120(B), 34 of the I.P.C.

As per the prosecution case, there are 8 named persons belong to same family of the informant were made accused in this case with the allegation of dowry death on the instance of in-laws family of the deceased.

Learned counsel for the petitioner submits that investigation in this case has been completed and police has

Patna High Court CR. MISC. No.67092 of 2022(2) dt.27-02-2023 2/2 filed the charge sheet which is Annexure-2. From the charge sheet, it transpires that police has found this case true under Section 306 only.

Counsel further submits that petitioner is husband of the deceased and he is in custody since 25.08.2021 having clean antecedent. He further submits that charge has already been framed in this case.

Learned counsel for the State opposes the prayer for bail and submits that it is true that charge sheet has already been filed under Section 306 of the I.P.C.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Sessions Trial No. 356 of 2022 arising out of Falka (Pothia) P.S. Case No. 112 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T