Md. Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70981 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- FALKA District- Katihar ====================================================== MD. SALIM S/O Late Md. Sharif @ Md. Sarif R/o Village- Wahidnagar, P.S.- Falka, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in G.R. No. 2208 of 2024, arising out of Falka P.S. Case No. 94 of 2024, instituted for the offences punishable under Sections 302, 304(B) and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, daughter of the informant was done to death by her husband and father-inlaw for non-fulfillment of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.70981 of 2024(2) dt.05-10-2024 2/3 Learned counsel for the petitioner also submits that the petitioner is father-in-law of the deceased and he is separate in mess and business from the husband of the deceased. It is further submitted that the husband of the deceased is in judicial custody. The petitioner is in custody since 28.04.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 2208 of 2024, arising out of Falka P.S. Case No. 94 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.70981 of 2024(2) dt.05-10-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T