Babuddin Mian @ Babu Ali Mian @ Md. Babudin @ Babudin Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17641 of 2024 Arising Out of PS. Case No.-75 Year-2019 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Babuddin Mian @ Babu Ali Mian @ Md. Babudin @ Babudin Mian son of Mobin Mian Village- Safiyabad Ps- Baikunthpur Dist- gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 201 and 34 of IPC .
3. As per the prosecution case, informant got information that a dead body of unknown woman was lying at Dharavi dam of Amarpura. On getting such information, informant along with police personnel reached the place of incident and prepared inquest report in presence of two independent witnesses and F.I.R., was lodged against unknown persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion because he happens to be the
Patna High Court CR. MISC. No.17641 of 2024(4) dt.17-05-2024 2/2 husband of the deceased. He next submits that informant is not an eye witness to the alleged occurrence . At the relevant time, petitioner was not present at the place of occurrence rather he was at Delhi. During course of investigation, it transpired that the victim had gone with two unknown persons on a motorcycle from her house and after that she became traceless and her dead body was found at Dharavi Dam of Amarpura .
5. Learned counsel for the State opposes the prayer for bail that petitioner is husband of the deceased and dead body of the deceased was found at the place far away from her matrimonial house and he cannot escape from this responsibility.
6. Considering the aforesaid facts and gravity of offence against the petitioner, prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Koushik/AnkitU T