Waris @ Md. Waris @ Md. Waris Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5456 of 2022 Arising Out of PS. Case No.-87 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== WARIS @ MD. WARIS @ MD. WARIS ALAM Son of Md. Soyeb Alam @ Md. Soyeb Resident of Village- Ratanpur, P.S.- Balia Belone, DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najeeb Ahmad For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302 and other ancillary sections of the Indian Penal Code and section 4 of the POCSO Act.

As per the prosecution case, on 1.8.2021 at about 7.30 pm 14 years old daughter of the informant went missing and next day her dead body was recovered from the field. It is alleged that one and a half months ago one Abu Talib came to the house of the informant and called the victim with bad intention.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Petitioner's name has figured

Patna High Court CR. MISC. No.5456 of 2022(2) dt.04-04-2022 2/2 during course of investigation in confessional statement of said co-accused Md. Talib, who happens to be full brother of the petitioner. Parties are agnate and have long standing land dispute. Save and except confessional statement, no other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Petitioner has claimed clean antecedent and he is in custody since 5.8.2021.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged 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 Special Judge cum Additional Sessions Judge, VII, Katihar in Balia Belone Police Station Case No. 87 of 2021.

(Prabhat Kumar Singh, J) shashi/- U T