Patna High CourtCR. MISC./86813/2024bail granted

Md. Hasmat v. The State Of Bihar

2024-12-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86813 of 2024 Arising Out of PS. Case No.-262 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Md. Hasmat S/o Late Niyamat Resident of Village- Telwa Ward No 12, PSSupaul, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Supaul P.S. Case No. 262 of 2024, instituted for the offences punishable under Sections 302, 304(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, sister of the informant was done to death by her husband and in-laws due to non-fulfillment of demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. 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. The

Patna High Court CR. MISC. No.86813 of 2024(2) dt.19-12-2024 2/2 husband of the deceased is in judicial custody. It is further submitted that the petitioner is aged about 74 years and is suffering from various old age ailments. No specific allegation has been attributed against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 08.10.2024 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, old age of the petitioner as also the husband of the deceased is in custody 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 Supaul P.S. Case No. 262 of 2024.

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