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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75948 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- NIMACHANDPURA District- Begusarai ====================================================== Md. Alam @ Ala @ Md. Ala, son of Late Md. Jumman, Resident of VillageKusmahaut, P.S. Nimachandpura, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Show cause has been filed on behalf of the Superintendent of Police, Begusarai, in terms of the order dated 04.02.2019.

Petitioner seeks bail in Nimachandpura P.S. Case No.23 of 2018 (Sessions Trial No.344 of 2018) instituted for the offence under Section(s) 302, 364, 201/34 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. The alleged occurrence took place on 15.03.2018 and the First Information Report has been lodged on 17.03.2018.

In the written report, the informant has alleged that his

Patna High Court Cr.Misc. No.75948 of 2018(5) dt.20-02-2019 2/3 sister, who was PDS Dealer, had gone to Begusarai Power House Dealers Association Office to attend the meeting of PDS Dealer, but she did not return. The informant raised suspicion that she has been kidnapped.

During course of investigation, name of the petitioner has come in the confessional statement of Md. Salim and Khushboo.

It has been submitted that report has been received from the Superintendent of Police, Begusarai, that no postmortem was performed of the deceased. In the case diary, it has come that during investigation one skeleton was recovered on 19.03.2018 i.e. after four days of the alleged occurrence. It is further submitted that co-accused Md. Salim and Khushboo Khatoon have been granted bail vide Annexure-2 series.

Petitioner is in custody since 23.03.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-V, Begusarai, in connection with Nimachandpura P.S. Case

Patna High Court Cr.Misc. No.75948 of 2018(5) dt.20-02-2019 3/3 No.23 of 2018 (Sessions Trial No.344 of 2018), subject to the condition that both the bailors shall be close relative of the petitioner.

Show cause filed on behalf of the Superintendent of Police, Begusarai, is accepted.

(Sanjay Priya, J) J. Alam/- U T