Mehandi Hassan v. The State Of Bihar

/IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2344 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. MEHANDI HASSAN, S/o Late Suleman Ansari, R/o Vill.- Mahuwa, (Bujurug), P.S.- Kaptanganj, Dist. Kushinagar (U.P.). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Sri Ram Naresh Roy,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-02-2018 Heard the counsel for the petitioner and the A.P.P. for the State.

Petitioner seeks regular bail in Phulwaria P.S. Case No.209 of 2017 instituted for the offence under Sections 302, 201, 120B of I.P.C.

Informant is the sister of the deceased who in her statement on 21.10.2017 has stated that her deceased brother Kyum Ansari was married to Nagma Khatoon and thereafter he went outside the country for earning and when he returned, found that his wife solemnized marriage with Amirul Mian and there was some dispute with respect to the property purchased by Nagma from the money provided by the deceased and it has been alleged that all the accused persons in a criminal conspiracy killed

Patna High Court Cr.Misc. No.2344 of 2018 (3) dt.09-02-2018 2/2 her brother and threw him in a septic tank.

It has been submitted by the petitioner that he is innocent and he has been falsely implicated in this case. There is no allegation of any specific overt act against him. He has been made accused in this case merely on account of the fact that he is brother-in-law of the second husband, Amirul. There is general and omnibus allegations against all six accused persons and he resides in Uttar Pradesh and he has no concern with day to day affairs of his brother-in-law. Petitioner has clean antecedent and he is in custody since 23.10.2017.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M.-VII, Gopalganj, in Fulwaria P.S.Case No.209 of 2017.

(S. Kumar, J) AnilKrSinha/- U