Md. Anish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8068 of 2016 Arising Out of PS.Case No. -93 Year- 2015 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Anish Son of Late Md. Salim Resident of Village - Rautara, Police Station - Rautara, District - Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-04-2016 Heard counsel for the petitioner as well as Additional Public Prosecutor for the State.

In this case the petitioner is apprehending his arrest in Sadar (Mufassil) P.S.Case no.93 of 2015 for the offences under Sections 363, 365, 302 and 201/34 of the I.P.C. In this case two F.I.Rs. have been lodged. One is with respect to abduction of the boy of the informant which is registered as Sadar (Mufassil) P.S.Case No.93 of 2015 and another F.I.R. bearing Sadar (Mufassil) P.S. Case No.89/15 was registered under Sections 302, 201/34 of the I.P.C.

As per the allegation the victim was the driver of the tempo and he was doing job of plying tempo of one Dukhan Sah. On 1.3.2015 the son of the informant went to the house of Tempo

Patna High Court Cr.Misc. No.8068 of 2016 (3) dt.19-04-2016 2/2 owner for plying tempo but he did not return after completion of his job upon which the informant made query about his son from the said tempo owner who told that the victim has disappeared with my tempo. Suspicion was raised against the tempo owner. After some days dead body of the informant's son was found in the wheat field. The dead body of the victim was identified. Suspicion has been raised against the petitioner after eight months of the occurrence due to animosity with the victim. Counsel for the petitioners submits that in the case diary except suspicion there is no specific allegation against the petitioner.

Looking to the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Purnea, in Sadar (Mufassil) P.S.Case No.93/15.

(Shivaji Pandey, J) AnilKrSinha/- U T