Jahangir Mian @ Jahangir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29042 of 2021 Arising Out of PS. Case No.-508 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== JAHANGIR MIAN @ JAHANGIR ALAM Son of Jalil Mian Resident of Village - Sehurwa, P.S.- Jogapatti, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar no.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code.

As per the prosecution case, the dead body of the daughter of the informant was discovered lying in the mango orchard. Information was given to the police station. It is submitted by learned counsel for the petitioner that from perusal of the F.I.R. it would transpire that no allegation whatsoever has been levelled against the petitioner who happens to be the husband of the deceased and the F.I.R. was registered against unknown. It was subsequently in course of investigation that the petitioner has been falsely implicated in

Patna High Court CR. MISC. No.29042 of 2021(3) dt.07-01-2022 2/2 the case by the informant on the basis of some unsubstantiated hearsay material. Even the source of information has not been given. The petitioner is in custody since 12.1.2021 and has no criminal antecedent. There are no eye witness to the occurrence and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation including the statement of the son of the deceased and the contents of the postmortem report together with the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected for the present.

Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Bibhash U