Md. Abrarul Haque @Md. Ibrarul Haque Ansari @ Bararul Haque Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48655 of 2022 Arising Out of PS. Case No.-101 Year-2022 Thana- DINARA District- Rohtas ====================================================== MD. ABRARUL HAQUE @MD. IBRARUL HAQUE ANSARI @ BARARUL HAQUE ANSARI Son of Jiharul Haque Ansari @ Izharul Haque Resident of Village - Sahinaw @ Sahinanv, P.S.- Dawath, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghwendra Pratap Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman For the Informant Mr. Sunil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201 of the Indian Penal Code.

As per allegation in the FIR, while the daughter of the informant went out to ease herself and did not return, her family members started search. During search, her dead body was found in wheat filed of Gopal Singh and some marks were present on her neck from which it appears that some unknown persons had strangulated her to death.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR. During course of investigation, the name of the petitioner has surfaced in this case on the basis of

Patna High Court CR. MISC. No.48655 of 2022(3) dt.16-01-2023 2/2 tower location of mobile, which was found near place of occurrence, which does not belong to the petitioner. After his arrest, his confessional statement was recorded before the police, which has no evidentiary value in the eye of law. Except self confession, there is no consistent evidence against the petitioner. He is languishing in judicial custody since 13.05.2022.

The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant. They submitted that in self confessional statement of the petitioner, he has admitted about his involvement in the alleged offence. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Rohtas at Sasaram in connection with Dinara P.S. Case No. 101 of 2022. (Sunil Kumar Panwar, J) sushma/- U