Md. Nadim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4593 of 2019 Arising Out of PS. Case No.-560 Year-2016 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Md. Nadim son of Md. Islam, Resident of village-Pakri Pakohi at Pakohi P.S.- Sadar, District-Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Parasmani For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 This is an application for grant of anticipatory bail in connection with Kanti P.S. Case No. 560 of 2016, disclosing offences under Sections 302, 201 of the Indian Penal Code. Allegation as per F.I.R. is that a dead-body of a woman aged about 24 years was found and it appears that she was killed by some unknown persons. Petitioner is not named in the F.I.R., later on his name transpired on the basis of statement of Supriya Praveen recorded under Section 164 Cr.P.C., in which she disclosed that she along with the petitioner and the deceased was going by a vehicle and on the way, the petitioner has killed the deceased Saira Siddiqi.
Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and
Patna High Court CR. MISC. No.4593 of 2019(4) dt.12-03-2019 2/2 the statement under Section 164 Cr.P.C. has been recorded after three months of the occurrence that creates doubt. Heard learned A.P.P. also.
Having heard both sides, in view of the facts and circumstances of the case as stated above and the statement of one of the witness, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T