IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5617 of 2025 Arising Out of PS. Case No.-559 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1. Md. Zahir S/O Gulam Rasul, R/o Village- Harpur Lahori, PS- Ahiyapur, District- Muzaffarpur 2. Md. Laddan @ Mohammad Ladan S/O Md. Sirajuddin, R/o Village- Harpur Lahori, PS- Ahiyapur, District- Muzaffarpur 3. Md. Mahmud @ Md. Mahboob @ Md. Mahmood S/O Mohammad Sirajuddin, R/o Village- Harpur Lahori, PS- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Bela Singh, Adv. For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 09-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Ahiyapur P.S. Case No. 559 of 2022 registered for the offences punishable under Sections 341, 323 and 304/34 of the Indian Penal Code. 3. Based upon the fardbeyan, it is alleged that on the fateful day, all the petitioners who happen to be land owner came at the rented house of the informant in inebriated condition and started misbehaving with her daughter-in-law. It is further alleged that the petitioners also asked for rent of the Patna High Court CR. MISC. No.5617 of 2025(3) dt.09-05-2025 2/3 house, in the meantime, on account of the petitioners illicit activities, some scuffle took place and when the daughter of the informant came there with her child in her lap, she fell down from her mother’s lap and sustained injuries. The baby child was immediately taken to SKMCH, Muzaffarpur, but she died during the course of treatment. 4. Learned counsel for the petitioners contended that in fact on account of a dispute regarding non-payment of rent, some altercation took place. However, it is the admitted fact that the alleged occurrence took place on 19.06.2022 but the fardbeyan of the informant was recorded on 26.06.2022 after a delay of seven days. Had the occurrence been taken place as alleged in the FIR, the FIR would have been instituted on the next day itself. It is further contended that, in fact, on account of unfortunate incidence, the baby child of the daughter of the informant fell from her lap and in this way she sustained injuries, which proved fatal. There is no allegation that the petitioners have assaulted anyone. 5. On the other hand, learned counsel for the State opposed the bail application and submitted that there is serious allegation against the petitioners that they came in drunken state and made a ruckus resulting into scuffle and unfortunate death Patna High Court CR. MISC. No.5617 of 2025(3) dt.09-05-2025 3/3 of a baby child. 6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the delay in lodging of the FIR, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 559 of 2022, subject to the condition as laid down under Section 482(2) of the B.N.S.S., with further condition that one of the bailors shall be the own/close family members of the petitioners. rohit/- (Harish Kumar, J) U T