Buchun @ Buchun Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16183 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- SIKTI District- Araria ====================================================== Buchun @ Buchun Mian S/o- Kailua Miyan Village- Sonbarsi Nagar Palika Ward no 8, Sikti Rangli Dist- Morang Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-08-2025 At the very outset, learned counsel for the petitioner submits that, in compliance of the order dated 21.07.2025, a supplementary affidavit has been filed on 08.08.2025 by the son of the petitioner's sister, wherein he has stated that he is well acquainted with the facts and circumstances of the present case.
2. In view of the aforesaid, the deponent of the supplementary affidavit is treated as the deponent of the main bail application.
3. Heard learned counsel for the petitioner and learned A.P.P. for the State.
4. The petitioner seeks regular bail in connection with Sikti P.S. Case No. 118 of 2024, dated 01-08-2024, registered for offences punishable under Sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
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5. The prosecution case, in short, is that on 31.07.2024, his elder daughter Roshni left home informing the family that she was going to her maternal grandmother's house. His younger daughter accompanied her up to the vehicle stand but returned shortly thereafter, stating that Roshni had told her that one Abu Salem was coming from Morang, Nepal, to pick her up, and that she would go with him. The informant further states that around 6:30 PM on the same day, Abu Salem called him and inquired about Roshni, claiming she was not answering his calls. Later, around 8:30 PM, the informant again spoke with Abu Salem and questioned him as to why he was harassing his daughter. In response, Abu Salem said he was merely trying to contact her.
The informant also tried to search his daughter by calling his relatives, but no information could be obtained. The next morning, between 7:00 and 7:30 AM, the informant's nephew informed him that a body appearing to be Roshni was found lying on Simlamani Road. He further stated that his daughter had been in a relationship with Abu Salem for the past three years. Abu Salem, who teaches at a mosque, is said to have started a relationship with another girl from Nepal.
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6. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is the father of the main accused, Abu Salem, who is alleged to have been in a love relationship with the informant's daughter. The allegations levelled against the petitioner are general and omnibus in nature. The prosecution case mainly alleges that Abu Salem, along with three named and 4-5 unnamed persons, were involved in the murder of the informant's daughter. However, there is no specific allegation or overt act attributed to the petitioner in connection with the commission of the alleged offence. It is further submitted that there are specific allegations only against co-accused Abu Salem, who had contacted the informant to inquire about his daughter.
Further submission is that Abu Salem and the deceased had been in a relationship for past three years. There is no material on record to directly connect the petitioner to the alleged crime, and his implication appears to be based merely on suspicion owing to his relationship with the main accused. Lastly, it is submitted that the petitioner has been in judicial custody since 05.10.2024 and has no criminal antecedents.
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7. Learned A.P.P. has opposed the prayer for bail.
8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, in connection with Sikti P.S. Case No. 118 of 2024.
9. The application stands allowed.
(Khatim Reza, J) shyambihari/- U