Patna High CourtCR. MISC./4629/2024bail rejected

Md. Sattar @ Md. Sattar Mian v. The State Of Bihar

2024-01-31Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4629 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Sattar @ Md. Sattar Mian, son of Md Khalil, R/o vill- Mohammadpur Naya Tola, PS-Sakra, Dist-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-01-2024

1. 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 Sakra P.S Case no. 305 of 2023 registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that while the petitioner caught hold of her husband, Khushboo Khatoon sat on him, Madina Khatoon caught hold of his legs and Md. Mubarak struck with a knife, as a result of which he died.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Both the

Patna High Court CR. MISC. No.4629 of 2024(2) dt.31-01-2024 2/2 parties are family members and there was money dispute between them. The manner of occurrence is other than what has been narrated in the F.I.R. Even as per the FIR, the allegation is mainly against Md. Mubarak and not the petitioner herein, who is in custody since 4.7.2023 and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner wherein he is said to have caught hold of the hand of the husband of the informant while he was stabbed by coaccused Md. Mubarak leading to his death, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. In view of the facts and circumstances of the case, liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody or after framing of charge, whichever is later.

(Partha Sarthy, J) Shiv/- U T