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Patna High CourtCR. MISC./21050/2019bail granted

Rojeed v. The State Of Bihar

2019-04-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21050 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- AMAUR District- Purnia ====================================================== ROJEED, son of Idrish, Resident of village- Milki, P.S.- Amour, DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shabbir Ahmad, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Amour P.S. Case No.169 of 2018 instituted for the offence under Section(s) 302, 201, 120B/34 Indian Penal Code. It is alleged in the written report by the informant that his daughter-in-law in conspiracy with her sons, Minhaj & Shaukat @ Chand along with other persons have killed his son, Aminuddin, and has concealed his dead body.

The Sessions Judge has mentioned in the impugned order that dead body of the deceased was recovered from water tank situated in the campus of the house of Murshida Khatoon. It is also mentioned in the impugned order that on the basis of information given by Murshida Khatoon police has recovered Hasua used in the commission of the offence from the kitchen.

Patna High Court CR. MISC. No.21050 of 2019(2) dt.04-04-2019 2/2 The Sessions Judge has also mentioned in the impugned order that in presence of BDO the police recovered dead body from water tank and prepared inquest report.

As such, from the impugned order as well as written report, it appears that there is no allegation of any overt act against the petitioner.

Counsel for the petitioner submits that police arrested this petitioner due to village politics and recorded his confessional statement.

Petitioner is in custody since 08.09.2018 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Amour P.S. Case No.169 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T