Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78910 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- ANGARH District- Purnia ====================================================== Md. Imtiyaz S/o Abdul Karim R/o vill-Bijwar, P.S-Angarh, Distt.-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Angarh P.S. Case No. 11 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant who is the father of the deceased has alleged that on 26.07.2018 when he came back from his cultivable field he did not find his daughter and on search being made along with his relatives, her dead body was found in the Jute field of Saiful. He has not named any person in the FIR. FIR is against unknown.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.78910 of 2018(4) dt.13-02-2019 2/3 petitioner is not named in the FIR and has been falsely implicated in this case only on suspicion. There is no eye witness of the occurrence. It has been further submitted that in re-statement of informant in para 53 of the case diary he has stated that prior to alleged occurrence petitioner and other coaccused had made filthy joke with his daughter and she made complaint and in revenge petitioner and others have killed his daughter. However, such statement was not made by informant or his family members in the initial stage of investigation and subsequently on basis of information of Spy such statement has been made. Petitioner has no criminal antecedent and he is in custody since 04.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia, in connection with Angarh P.S. Case No. 11 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient

Patna High Court Cr.Misc. No.78910 of 2018(4) dt.13-02-2019 3/3 reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T