Istak Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14368 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== ISTAK ALI Son of Israfuddin Resident of Village- Naini, P.S.- Mufassil, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in connection with Chapra Mufassil P.S. case No.334/2020 registered under Sections 302, 201/34 of the Indian Penal Code. Prosecution case, in short, is that on 31.07.202 at about 11 a.m. the younger son of the informant, namely, Rohit Kumar Thakur was playing outside the house and became traceless. After hectic
Patna High Court CR. MISC. No.14368 of 2021(2) dt.24-01-2022 2/3 search, no trace could be found of her son. On 01.08.2020 at about 5 a.m. the petitioner and co-accused Serajuddin came and told that they would search her son. They took nephew of the informant, namely, Vishwas Thakur with them and heither and theither and brought Vishwas Thakur near the well, where the son of the informant was lying dead in the well. They took out the dead body and kept the same at the door of the informant. On alarm, the villagers assembled and on information the police came and took the dead body of the son of the informant for postmortem.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid
Patna High Court CR. MISC. No.14368 of 2021(2) dt.24-01-2022 3/3 cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. IX, Saran, Chapra in connection with Chapra Mufassil P.S. case No.334/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T