Md. Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24117 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Md. Ashraf Son of Haroon Rashid, Resident of Village- Kalidaspur, Police Station- Balia Belone (Kadwa), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

When the local Chaukidar noticed the dead body of first wife of this petitioner an FIR was registered against unknown under Sections 302/201 of the Indian Penal Code. During investigation, the petitioner confessed before the police that he along with others had committed the murder as the victim was having extra marital relation. Submission of the learned counsel for the petitioner is that the petitioner has not confessed anything before the police, rather there is concoction of the prosecution story. The first wife was

Patna High Court Cr.Misc. No.24117 of 2017 (3) dt.28-06-2017 2/2 separate from the petitioner and was doing job at Kolkatta and was residing along with her parents. The petitioner was already married with another lady.

Considering the fact that there is no substantial material against the petitioner collected during investigation as well as the fact that the investigation is complete, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar/successor Court in connection with S. Tr. No. 274 of 2016 arising out of Balrampur Police Station Case No. 66 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T