Patna High CourtCR. MISC./39040/2022allowed

Md Abrar Alam @ Abrar Alam v. The State Of Bihar

2023-03-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39040 of 2022 Arising Out of PS. Case No.-486 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== Md Abrar Alam @ Abrar Alam Son Of Md. Sahnawaz Resident Of Village - Loharpatti, P.S.- Kishanganj, Distt.- Kishanganj. Pin Code - 855108 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Mishra For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365, 302, 201, 34 of the Indian Penal Code.

It is a case of commission of murder of the daughter of the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.39040 of 2022(6) dt.13-03-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence and even in the F.I.R, no suspicion has been raised against the petitioner but subsequently the police made the present petitioner as an accused since he happens to be the ex-husband of the deceased. The petitioner is languishing in custody since 06.02.2022. Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was last seen with the victim and the independent witnesses have disclosed in the evidence that petitioner was seen taking away the victim with him.

Considering the fact that no concrete evidence has been collected against the petitioner during investigation and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.39040 of 2022(6) dt.13-03-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 486 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T