Md. Faiyaz @ Md. Faiyaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67762 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- NAUGACHIA District- Bhagalpur ====================================================== Md. Faiyaz @ Md. Faiyaz Alam S/o Md. Maksud @ Md. Maksood Alam Resident of Village-Ujani,P.S. Naugachia,Distt.-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Yadav, Advocate.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Naugachia P.S. Case No. 33 of 2017 (Sessions Trial No. 491 of 2017) instituted for the offence under Sections 302/34 of the Indian Penal Code. In the written report it is alleged that informant saw this petitioner along with his uncle Md. Maqsood and aunt Anguri Khatoon coming out from the house. He found wooden bat in the hands of petitioner. The informant went inside the house and found his parents seriously injured. His father was crying and was speaking that petitioner and co-accused Maqsood have brutally assaulted him and his wife (mother of the infornant). Father of the informant is blind man. The informant searched his mother and she was found dead. He took his father for treatment, but he died subsequently in the
Patna High Court Cr.Misc. No.67762 of 2018(4) dt.19-12-2018 2/2 Hospital.
Case diary has been received.
Learned A.P.P. after looking into the case diary submits that in the post mortem report several injuries have been found on the scalp and other parts of the body of both the deceased who are parents of the informant. The father of informant Md. Dukhan before his death, has specifically taken the name of this petitioner of assaulting him and his wife. Therefore, this Court is not inclined to grant bail to the petitioner.
Prayer for bail of the petitioner stands rejected at this stage.
(Sanjay Priya, J) S.Ali/- U T