Mohammad Mazhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15894 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== MOHAMMAD MAZHAR Son of Najmuddin Resident of Village - Bara Suhagi, P.S.- Pothia, Dist.- Kishanganj ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Pothia P.S. Case No. 162 of 2019, registered for the offences punishable under Section 302/201 of the Indian Penal Code. Prosecution case in brief is that on 14.09.2019, when the informant went to see her mother Kubera Khatoon at MGM hospital and returned to her house. The informant after having dinner with her daughter Hina Begam and mother-in-law Amirun Begam, slept inside the room and her daughter and mother-in-law slept in the courtyard of the house. When the informant woke up in the morning, the persons in the courtyard told her that Hina Begam has been murdered in the night. It is believed that her daughter has been killed by unknown person.

Patna High Court CR. MISC. No.15894 of 2020(3) dt.02-09-2020 2/2 It is submitted that petitioner has been falsely implicated in this case due to local politics. Petitioner is innocent. Petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case. There is no other material against this petitioner, except the allegation that he has illicit relation with the victim. Petitioner has got clean antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No. 162 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T