Md. Farman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39680 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -SARSI District- PURNIA ====================================================== Md. Farman Ansari, S/o Md. Mahid Ansari, Resident of Village- Gari Dharhar, P.S.- Dhamdaha, Distt- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siyaram Sahi and Ms. Shally Kumari, Advocate.

For the Opposite Party/s : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.

The petitioner seeks bail in Sarsi P.S. Case No. 19/16 registered under Sections 302, 201, 34 of the Indian Penal Code. The informant lodged the case alleging therein that on 18.02.2016 his niece informed him that his wife did not return to her house and she is traceless. The informant, during the course of search, found the dead body of his wife Phool Kumari in a maize field. The informant further alleged that some unknown persons killed his wife and concealed her dead body in the maize field.

Sri Siyaram Sahi, learned counsel for the petitioner, submits that the petitioner is not named in the F.I.R. During the course of investigation, one Mangal Soren disclosed that the petitioner Md. Farman Ansari, Bam Bam Sah and Dashrath

Patna High Court Cr.Misc. No.39680 of 2016 (3) dt.01-12-2016 2/2 Hansda were seen talking with the deceased. Save and except this fact, no tangible material is collected to show the involvement of the petitioner in the death of Phool Kumari, the wife of the informant. The petitioner was working as a tailor at the Darwaza of the informant and the petitioner was well acquainted with the deceased. He had a talk with the deceased on telephone but this fact does not show in any way the involvement of the petitioner in the murder of Phool Kumari.

The learned A.P.P. did not show any material from the entire case diary to show the involvement of the petitioner in the murder of the deceased.

Considering the facts aforesaid, 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 Judicial Magistrate 1st Class, Purnea in Sarsi P.S. Case No. 19 of 2016.

(Prabhat Kumar Jha, J) Dilip/- U T