Md. Haider @ Bapaiya @ Md. Mukhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.547 of 2019 Arising Out of PS. Case No.-150 Year-2017 Thana- PIYAR District- Muzaffarpur ====================================================== Md. Haider @ Bapaiya @ Md. Mukhtar, S/o Md. /Anwar, R/o VillageRampur Dayal, Machharan Pokhar, P.S.- Piar, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Rakesh, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in S.Tr. No. 181 of 2018 arising out of Piar P.S. Case No. 150 of 2017, instituted for the offences under Sections 363, 365, 120B/34,302 of the Indian Penal Code.
It is alleged in the written report that minor son of the informant had gone for coaching and did not return up to 8.00 pm. The FIR is against unknown for committing murder of his son. Case diary has been received. In the impugned order it is mentioned at paragraph 16 that a spy informed that Raja Kumar was moving with kidnapped child of the informant. Thereafter, confessional statement of Raja Kumar has been recorded where he has confessed his guilt and disclosed the name of this
Patna High Court CR. MISC. No.547 of 2019(3) dt.12-03-2019 2/2 petitioner, alleging that he was holding the leg of the victim and Mukesh Kumar has pressed his neck.
Learned APP submits that beside this confessional statement of accused persons there is no eye-witness of the occurrence. Dead body has been recovered from the bank of the river which found mention in the case diary. Petitioner is in custody since 26.11.2017.
Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District Judge, XIV, Muzaffarpur, in connection with S.Tr. No. 181 of 2018 arising out of Piar P.S. Case No. 150 of 2017. Both the bailors will be close relative of petitioner. (Sanjay Priya, J) khushbu/- U T