Md. Konain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35573 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- BARAHAT District- Banka ====================================================== Md. Konain Son of Md. Shamsher Resident of Village - Barahat Durga Pokhar, P.S.- Barahat, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Banka (Barahat) P.S. Case No. 121 of 2019 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code to which Sections 302, 201 and 34 of the Indian Penal Code were added subsequently.

As per allegation in the FIR, on 28.02.2019 the son of the of the informant is said to have disappeared in the evening at about 6 pm, for which an FIR was registered on 02.03.2019. On investigation, the name of the petitioner transpired, when the informant gave his statement for the third time on 04.03.2019 stating that informant's son and one Md.

Patna High Court CR. MISC. No.35573 of 2019(3) dt.28-08-2019 2/3 Sartaz were plucking papaya from the "bari" of the petitioner. Seeing the petitioner coming there, Sartaz managed to escape while son of the informant hid himself in the aforesaid bari. Subsequently, the dead-body of the son of the informant was recovered from a well on 04.03.2019.

It is submitted by learned senior counsel for the petitioner that there is no eye witness to the occurrence. Petitioner is not named in the FIR. The informant's son disappeared on 28.02.2019 but the FIR was registered on 02.03.2019. Further from the postmortem report, it reveals that there is no mark of any injury on the body of the deceased. Petitioner has no criminal antecedent and is in custody since 01.04.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the fact that there is no eye witness to the occurrence, the case against the petitioner is based on suspicion, petitioner has no criminal antecedent and is in custody since 01.04.2019, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.35573 of 2019(3) dt.28-08-2019 3/3 (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 121 of 2019.

(Partha Sarthy, J) sushma/- U T