Shamsherul Kadri @ Md. Shamshir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1492 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- BAISI District- Purnia ====================================================== Shamsherul Kadri @ Md. Shamshir Alam Son of Tajamul @ Paitu Darzi @ Tajemul Resident of Village-Badtoli Chanki Janta, PS-Baisi, District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zoha, Advocate For the Informant :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner; learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Baisi P.S. Case No. 214 of 2023 dated 22.05.2023, instituted under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the informant received telephonic information that his daughter has been killed by her husband, including the petitioners, who are sisters-in-law and parents-in-law of the deceased.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that case diary has been called for

Patna High Court CR. MISC. No.1492 of 2024(4) dt.10-04-2024 2/3 and in Paragraph No. 52 of the case diary, which contains the postmortem report of the deceased, namely, Sama Praveen, it has come that no external injury was found on the body of the deceased, neck, face & Limb. The doctor opined that the cause of death could not be ascertained and therefore the viscera was preserved and handed over to police for forensic examination. FSL report is available on record which reveals that no metallic, alkaloidal, glycosidal, pesticidal and volatile poison could be detected in the contents of plastic jar. It is further stated that petitioner is the only caretaker of two minor children. It is futther submitted that similarly situated persons namely Zakir Hussain@ Zakir has been granted bail vide order dated 12.03.

2024 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 8542 of 2024 and Saghufta, Sabetun, Sanjari and Tajamul have been granted bail vide order dated 13.12.2023 passed by this Court in Criminal Miscellaneous No. 61777 of 2023. The petitioner has no criminal antecedent.

5. Learned APP and learned counsel for the informant vehemently opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.1492 of 2024(4) dt.10-04-2024 3/3 the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 214 of 2023 dated 22.05.2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Khatim Reza, J) sankalp/- U T