Ahshan Ali @ Bhola Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.18586 of 2017 (3) dt.22-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18586 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Ahshan Ali @ Bhola Mian, Son of Adalat Mian, Resident of VillageRampur Khareya, P.S.- Kuchaikote, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate. For the Opposite Party/s : Mr. Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sessions Trial No. 78 of 2017, arising out of Kuchaikote P.S. Case No. 200 of 2016, registered under Sections 120(B), 302 and 201/34 of the Indian Penal Code.

The accusation is that, on 20.09.2016, the informant had gone to his Sasural. In the evening, when he returned to his house then he found that his son, Jitan Yadav was not present. On query, the daughter of informant told him that Jitan Yadav was accompanied by this petitioner. On 22.09.2016, at about 11 A.M., the informant received information that dead body of Jitan Yadav was found hanging with Gular tree in the field of Munna

Patna High Court Cr.Misc. No.18586 of 2017 (3) dt.22-06-2017 Choudhary at village Dhusa. The cause of death of the deceased is said to be strangulated.

Learned counsel for the petitioner submits only the witnesses in paragraphs 11, 12 and 21 have stated about moving of the deceased with this petitioner on 20.09.2016 but none had seen the occurrence. Further submission is that two other co-accused persons, whose names have come in the confessional statement, have already been allowed bail by a Bench of this court. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T