Md. Maqbool @ Md. Maqbool Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45067 of 2023 Arising Out of PS. Case No.-491 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== MD. MAQBOOL @ MD. MAQBOOL HASAN Son of Late Md. Mogis Resident of village-Beldari, Police Station-Muffasil, District-West Champaran at Bettiah ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MD. MOJIBULLAH Son of Late Alijaan Resident of village-Baradih Bairiya, Police Station-Kesariya, District-West Champaran at Bettiah ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

2. The petitioner is in custody since 27.02.2023 in connection with Bettiah Mufassil P.S. Case No. 491 of 2022 registered for the offence punishable under Sections 363/498(A)/34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner is involved in disappearance of his wife. Neither the victim girl has been recovered nor her deadbody has been recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is submitted that the victim is staying in Nepal and this is in the knowledge of the prosecution side and just to harass the petitioner, this false

Patna High Court CR. MISC. No.45067 of 2023(4) dt.17-10-2023 2/2 case has been registered.

5.Learned counsel for the Informant has denied the aforesaid allegations levelled by the accused persons.

6. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. 7.I have considered the submissions of the parties. 8.The Superintendent of Police, Bettiah, is directed to constitute a team of officers to locate the girl so that the case may proceed.

9.This application is dismissed for the present with liberty to the petitioner to file a fresh bail application in this Court pursuant to the further investigation to be conducted in accordance with today's order.

10. The Superintendent of Police, Bettiah will file a report after two months with regard to the further investigation done pursuant to today's direction.

11. Let a copy of the order be communicated to the Superintendent of Police, Bettiah through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U T