Md. Halim @ Abdul Halim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10342 of 2017 Arising Out of PS.Case No. -364 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Md. Halim @ Abdul Halim, Son of Abdul Karim, Resident of Village - New Azad Mohalla, Bhadauni, P.S. - Nawada Nagar, District - Nawada .... .... Petitioner

Versus

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

For the Petitioner : Mr. Malay Kumar Choudhary, Advocate For the Informant : Mr. Birendra Kumar, Advocate For the State : Smt Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 363 of the Indian Penal Code. The FIR was lodged against unknown on missing of Azam Khan @ Vikky, the son of the informant. Later on, dead body of Azam Khan was found, thereafter suspicion is raised against the petitioner as Azam Khan was in love with the daughter of this petitioner.

Submission of the petitioner is that only suspicion is there. Moreover, identity of the dead body is yet to be established.

On the other hand, learned counsel for the informant submits that there is evidence of motive for commission

Patna High Court Cr.Misc. No.10342 of 2017 (3) dt.11-04-2017 2/2 of murder alleged as well as the deceased was last seen with the petitioner and others, therefore, strong circumstance is there. There is no reason to detain the petitioner in custody in a case based on circumstantial evidence. Considering the aforesaid facts, let the 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 Chief Judicial Magistrate, Nawada/successor Court in connection with Nawada Town Police Station Case No. 364 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Kundan (Birendra Kumar, J) U T