Nazir Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13938 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -POTHIYA District- KISANGANJ ====================================================== Nazir Mohammad Son of Late Sharbat Resident of Village - Khajurbari, P.S. - Paharkatta, District - Kishanganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate Mr. Firoz Ahmad, Advocate For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Pothia P.S. Case No. 161 of 2017, G.R. No. 1725 of 2016, registered for offences punishable under Sections 376, 302 and 201/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner has been named in the FIR as an afterthought which appears to be true from perusal of the FIR itself. It is further submitted that one Parboddin and his wife have induced the deceased in order to get her married with other co-accused person and after a week, she telephoned to her father that she was living happily but later on her dead body was found in West Bengal and as such the petitioner is innocent and nothing to do with this case

Patna High Court Cr.Misc. No.13938 of 2017 (3) dt.10-04-2017 2/2 and he is in custody since 20th October, 2016. Heard learned A.P.P. also.

From perusal of paras 6, 7 and 8 of the case diary, it appears that witness of Islampur and Dinajpur have stated before the police that the petitioner along with Praboddin and his wife are engaged in such type of business of inducing the girl in the name of marriage and they induced a girl in this case who later on died. Having heard both sides and considering the allegations as stated in paras 6,7 and 8 of the case diary, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected.

The application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) S.Pandey/- U T