Sattar Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23510 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Sattar Miya, Son of Late Rajdhari Miya, resident of Village:- Rampur Khereya, P.S.- Kuchaikote, District- Gopalganj, Bihar. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------ 30-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Sessions Trial No.78 of 2017, arising out of Kuchaikote P.S. Case No.200 of 2016/G.R. No.2940 of 2016, registered under Sections 120(B), 302 and 201/34 of the Indian Penal Code.

The accusation is that on 20.09.2016 in the evening at about 05.00 P.M., when the informant alongwith his family members returned to his house, the informant did not find his son, namely, Jitan Yadav alias Jitendra Kumar Yadv, at the house and his daughter informed that he has gone with Bhola Mian. In spite of hectic search by the informant, no trace of his son, namely,

Patna High Court Cr.Misc. No.23510 of 2017 (3) dt.30-06-2017 2/3 Jitan Yadav alias Jitendra Yadav was found. On 22.09.2016 at about 11.00 A.M., the informant received information about hanging of a dead body at Gular Tree in the field of Munna Chaubey at village-Dhusa (Nakki Bari). Thereafter, the informant alongwith his family members went there and found the dead body of his son, namely, Jitan Yadav alias Jitendra Kumar Yadav. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. nor he was seen by any witness accompanying the son of the informant with him, either after moving him from his house or till the recovery of the dead body of the son of the informant. The name of the petitioner alongwith Mohammaddin Mian and Md. Meraj have been disclosed by the F.I.R. named accused Bhola Mian in his confessional statement. Except that, there is nothing to show the involvement of the petitioner in the commission of the alleged offence. The petitioner having no criminal antecedent is in custody since 08.10.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VIII, Gopalganj, in connection with

Patna High Court Cr.Misc. No.23510 of 2017 (3) dt.30-06-2017 3/3 Sessions Trial No.78 of 2017, arising out of Kuchaikote P.S. Case No.200 of 2016/G.R. No.2940 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T