Sazzad Hassan @ Pappu @ Md. Sazzad Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79305 of 2018 Arising Out of PS. Case No.-352 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Sazzad Hassan @ Pappu @ Md. Sazzad Hassan Son of Akhtar Ansari Resident of Jeevdharu Bazar, P.S.- Pipra Kothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sugauli P.S. Case No. 352 of 2018 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Informant who is the police officer has stated in his written report that on 21.08.2018 at about 8:45 P.M. he got information that a dead body of a woman is lying on the side of the road and on the said information he reached and found the dead body of the woman aged about 30 to 32 years and there was mark of strangulation on the neck of the deceased woman. FIR is against unknown.

It has been submitted on behalf of the petitioner that the husband of the deceased lady had instituted a missing case being Motihari Town P.S. Case No. 626 of 2018, however,

Patna High Court Cr.Misc. No.79305 of 2018(3) dt.18-02-2019 2/3 petitioner is not named in FIR. He has been implicated in this case only on the basis of suspicion that the deceased had conversation with petitioner on the said day. It has been further submitted that except his own confession there is no incriminating material against the petitioner. Petitioner has got no criminal antecedent and is in custody since 23.10.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Sugauli P.S. Case No. 352 of 2018, with following conditions:- (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 shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.79305 of 2018(3) dt.18-02-2019 3/3

(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) ranjan/manojU T