Md. Safir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65726 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== Md. Safir Son of Md. Sanif @ Md. Sanif Alam Resident of VillageKashimpur Tolwa, P.S-Salkhua (Banma Itahari OP), District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Salkhua (Banma Itahari O.P.) P.S. Case No. 53 of 2019 corresponding to Sessions Trial No. 138 of 2019, registered for the offence punishable under Sections 302/34 of the Indian Penal Code. The informant alleged that on 29/30.03.2019 she went to her bed at about 10.00 p.m. and his son Md. Tasir (deceased) went in his room along with his wife and three children for sleeping. At about 1.00 am, her median daughter-in-law came at her darwaja and said that her son (Md. Tasir) was killed by stabbing knife. The informant went there and saw Md. Tasir with knife blows on head, chest, back and arm. Thereafter the Md. Tasir was taken to hospital for treatment where he was

Patna High Court CR. MISC. No.65726 of 2019(3) dt.29-01-2020 2/2 declared dead. The informant alleged that due to illicit relation between the petitioner and her daughter-in-law the present occurrence took place. Informant's grand-son Md. Shahnawaj aged about 10 years who was sleeping with his parents who told her that his mother, Md. Safir (petitioner) and one unknown stabbed Tasir to death.

It appears from the postmortem report that there were 32 injuries found on the person of deceased caused by light and sharp pointed substance.

Considering the facts aforesaid and nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T