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Patna High CourtCR. MISC./2436/2024allowed

Mohammad Bechan @ Mohammad Irfan v. The State Of Bihar

2024-02-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2436 of 2024 Arising Out of PS. Case No.-265 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Mohammad Bechan @ Mohammad Irfan Son Of Late Mohammad Vasi @ Late Md. Oshi Resident Of Village - Etwarpur Taj, P.S. - Bochaha, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Poonam Kumari For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have committed murder of the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is the elder brother-in-law of the deceased. Informant is not the eye witness of the alleged occurrence. He submits that the husband of the deceased has already been granted regular bail by a coordinate Bench of this Court vide order dated 13.03.2023 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.2436 of 2024(2) dt.08-02-2024 2/2 53045 of2022. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bochaha P.S. Case No. 265 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T