Md. Alam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33946 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Alam Ansari Son of Ashique Ansari, Resident of Village-Shivrahi Mathiya, Police Station-Nautan (Jagdishpur), District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Nautan (Jagdishpur) P.S. Case No. 68 of 2016 for offences punishable under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his sister was married to the petitioner 20 years back and had two children. On 29.03.2016 she disappeared from the house, which information was given to the informant and on search her dead body was found in the maize field. Thereafter First Information Report dated 31.03.2016 was lodged. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.33946 of 2017 (4) dt.18-09-2017 2/3 petitioner that he is innocent, no allegation was made by the informant against him in the First Information Report or the restatement, which is paragraph 12 of the case diary, but after about nine months in the 3rd statement, the informant has named the petitioner along with others for commission of the said offence. He submits that it is only on the basis of suspicion and afterthought that the petitioner has been made accused, chargesheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and that he is languishing in custody since 13.05.2017. However, learned APP for the State while admitting that the 3rd statement was made after more than nine months opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-6th, West Champaran at Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 68 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property,

Patna High Court Cr.Misc. No.33946 of 2017 (4) dt.18-09-2017 3/3 who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T