Md. Sabir @ Sabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52585 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Md. Sabir @ Sabbir, Son of Late Mahtab, Resident of Mohan Singh Gachh, P.S.- Bahadurganj, District- Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate. For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bahadurganj P.S. Case No. 109 of 2017 registered under Sections 302 and 201 of the Indian Penal Code.

Ex-husband of the deceased is said to have committed murder of the deceased by slitting her neck calling from her house on mobile and dumped her dead body under the Mariyadhar Loha Bridge. His complicity is said to have been detected on the basis of the memory card of the mobile phone of the deceased by the informant.

It is submitted by learned counsel for the petitioner that admittedly the petitioner happens to be ex-husband of the

Patna High Court Cr.Misc. No.52585 of 2017 (3) dt.22-12-2017 2/2 deceased and has given divorce to the deceased so it is unnatural as to why the deceased will step out of the house obliging him on his call. It is also submitted that memory card of the mobile phone of the deceased on the basis of which the petitioner is said to have been indulged in the occurrence has not been produced before the police and there is no eye witness of the occurrence. He has been falsely implicated in the case merely on suspicion as he has given divorce to the deceased earlier. The petitioner has been languishing in custody since 10.05.2017.

In the facts and circumstances of the case, the above named petitioner 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 Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 109 of 2017 (Prakash Chandra Jaiswal, J) Mishra/- U T