Md. Kalam @ Md. Kalam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20689 of 2019 Arising Out of PS. Case No.-655 Year-2014 Thana- FORBESGANJ District- Araria ====================================================== Md. Kalam @ Md. Kalam Ansari Son of Late Bashir, Resident of VillageRampur Dakshin, Forbesganj, P.S-Forbesganj, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in brief, is that informant's husband accompanied one Asfaq to Patna for getting labour job and next day, the dead body of husband of the informant was brought by the accused persons including the petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The police after invesetigation, found the allegation against the petitioner to be false and submitted final

Patna High Court CR. MISC. No.20689 of 2019(2) dt.04-04-2019 2/2 form against the petitioner. The court below has differed with the said police report and taken cognizance.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 655 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T