Quazi Shadiqu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3919 of 2017 Arising Out of PS.Case No. -70 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Quazi Shadique, Son of Late Quazi Zaheer, Resident of Village- Purnaganj, P.S.- Baisi, District- Purnea.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. Bhola Prasad & Mukesh Kumar Jha, Advocates. For the State : Mr. Ranjeet Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 30-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Baisi P.S. Case No.70 of 2016 registered under Sections 302/34 of the Indian Penal Code.

The accusation of the informant Gul Mohammad is that the marriage of his daughter Sahnaz Khatoon alias Gomahiya was performed 18 years back with Sarraru of village-Puranaganj and due to their wedlock, there are three male and two female children. Before four years, his daughter Sahnaz Khatoon alias Gomahiya fell in love with the petitioner and moved with this petitioner to Delhi where they stayed about 15 months. After returning from

Patna High Court Cr.Misc. No.3919 of 2017 (3) dt.30-03-2017 2/3 there to village, scuffle started in between the petitioner and his daughter Sahnaz Khatoon alias Gomahiya and, thereafter, his daughter Sahnaz Khatoon alias Gomahiya started to live at the house of her maternal uncle. In the meantime, his daughter Sahnaz Khatoon alias Gomahiya used to visit to the house of the petitioner but the petitioner and his other family members used to assault and oust her from the house. On 28.05.2016, Sarjina Khatoon, Natini of the informant, informed him about causing assault to his daughter Sahnaz Khatoon alias Gomahiya by this petitioner and his other family members and hanging her in a mango tree. Thereafter, the informant went there and saw his daughter Sahnaz Khatoon alias Gomahiya in hanging condition.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case. While it is alleged in the F.I.R. that the informant came to know from his Natini Sarjina Khatoon about causing assault and hanging to his daughter Sahnaz Khatoon alias Gomahiya by this petitioner and his other family members but Sarjina Khatoon, Natini of the informant, in her statement, as detailed in paragraph-9 of the case diary, has stated about hearing of murder of her mother from the villager in rumour. The petitioner having no criminal antecedent is in custody since 12.09.2016.

Patna High Court Cr.Misc. No.3919 of 2017 (3) dt.30-03-2017 3/3 Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Chief Judicial Magistrate, Purnia, District-Purnia, in connection with Baisi P.S. Case No.70 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T