Asgar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24045 of 2014 Arising Out of PS.Case No. -215 Year- 2013 Thana -THAKURGANJ District- KISANGANJ ====================================================== Asgar Ali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Agrawal For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 19.10.2013 in a case for the offence registered under Sections 376, 302, 201/34 of the Indian Penal Code.

The allegation is that the victim girl was married to the petitioner who used to send her back to Naihar on several occasions. On the alleged date of occurrence while the victim girl was at her father's residence, the petitioner alongwith co-accused Masiur Rahman and Anwar Alam came together at Bhatta and the victim girl went with her husband. It is alleged that informant saw that she alongwith her husband

Patna High Court Cr.Misc. No.24045 of 2014 (4) dt.02-03-2015 2/2 was called to the brick kiln and thereafter her dead body was recovered near the brick kiln.

Learned counsel for the petitioner submits that it is a case of false implication and apart from that it is a case of 'last seen'. There is no cogent material to connect the petitioner in the said offence.

Learned counsel for the State however, submits that there is sufficient material in the case diary to show that the girl in question had gone with her husband whereafter she was found raped and killed.

Considering the materials on record, I am not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is rejected.

(Anjana Mishra, J) Jagdish/- U T