Md. Shaheed Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.34933 of 2011 md. shaheed versus the state of bihar ---------------------------------”23. 01-2012 heard learned counsel for the petitioner as well as learned additional public prosecutor for the state. petitioner is in jail custody since 25-05-2011 in a case registered under sections-302, 328, 504, 506/34 of the indian penal code. admittedly, petitioner is husband of the deceased and furthermore, it is an admitted position that none has seen the actual killing of the deceased and the case is based upon circumstantial evidence. the allegation against the petitioner is based on the circumstance that he had illicit relationship with another woman causing annoyance to the deceased. admittedly, the marriage of deceased had taken place 15 years ago and she was mother of five children. considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, md. shaheed is directed to be released on bail on furnishing bail bonds of rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with a.p.m. p.s. case no. 66 of 2011 to the satisfaction of chief judicial magistrate, darbhanga. akv/- (hemant kumar srivastava,j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34933 of 2011 Md. Shaheed Versus The State Of Bihar ---------------------------------”

23. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 25-05-2011 in a case registered under Sections-302, 328, 504, 506/34 of the Indian Penal Code. Admittedly, petitioner is husband of the deceased and furthermore, it is an admitted position that none has seen the actual killing of the deceased and the case is based upon circumstantial evidence. The allegation against the petitioner is based on the circumstance that he had illicit relationship with another woman causing annoyance to the deceased. Admittedly, the marriage of deceased had taken place 15 years ago and she was mother of five children. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Md. Shaheed is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with A.P.M. P.S. Case No. 66 of 2011 to the satisfaction of Chief Judicial Magistrate, Darbhanga. AKV/- (Hemant Kumar Srivastava,J.)