Patna High CourtCR. MISC./76571/2024bail granted

Md. Musaraf @ Musararf @ Md. Musarraf v. The State Of Bihar

2024-10-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76571 of 2024 Arising Out of PS. Case No.-172 Year-2022 Thana- ARARIA District- Araria ====================================================== Md. Musaraf @ Musararf @ Md. Musarraf S/O Abdul Wadood R/o VillageKujuri P.S.- Palasi District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Jha, Adv.

Mr. Madhav Jha, Adv.

Mr. Anshuman Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Araria (Bairgachhi) P.S. Case No. 172 of 2022 dated 02.03.2022 registered for the offences punishable under Sections 304B, 120B of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant. The deceased was married to Minahz who was earlier already married to co-accused, Juhi Kumari.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the brother-in-law (Devar) of the

Patna High Court CR. MISC. No.76571 of 2024(2) dt.25-10-2024 2/2 deceased. There is no allegation of demand against the petitioner. There is general and omnibus allegation against the petitioner and there is no eye-witness in this case. The cause of death is due to hanging. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.08.2024. The co-accused persons have been granted anticipatory bail by this Court vide order dated 30.01.2023 passed in Cr. Misc. No. 57657 of 2022.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S. Case No. 172 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T