Santosh Fauzdar @ Santosh Faudar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27081 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- GAUNAHA District- West Champaran ====================================================== SANTOSH FAUZDAR @ SANTOSH FAUDAR, aged about 37 years, Male, S/o Gorakh Fauzdar @ Gorakh Faudar Resident of Village- Murli Manjhariya, P.S.- Gaunaha, District- West Champaran. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar, Advocate.

For the Opposite Party :

Mr.Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.11.2018 in a case for the offence registered under Sections 302, 376, 120(B)/34 of the IPC and 4/6 of POCSO Act. The prosecution story, in brief, is that on 15.11.2018 at about 7.30 A.M. in the morning, the grand-daughter of the informant aged about 17 years, went for call for nature but she did not return. On search, her dead body was found in the sugarcane field. It is further alleged that F.I.R. named accused persons used to give threatening to the informant to perform marriage of his grand-daughter in their family otherwise they will kill his grand-daughter.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.27081 of 2019(2) dt.25-04-2019 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has come in the present case merely on the basis of suspicion. Except for suspicion, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.

R Considering the aforesaid facts and circumstances, 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 learned 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 129 of 2018.

(Sudhir Singh, J) U.K./- U T