Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67588 of 2021 Arising Out of PS. Case No.-183 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== MD. CHAND Son of Md. Taslim @ Taslim Resident of Village Jamuniya, P.S. Parwatta, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sadar (Muffasil) P.S. Case No. 183 of 2021 registered for the offences punishable under Sections 363, 364, 120B/34, 302, 201 of the Indian Penal Code.

As per prosecution case, son of the informant was

Patna High Court CR. MISC. No.67588 of 2021(3) dt.20-09-2022 2/3 kidnapped by present petitioner and others. It is stated that the daughter-in-law of informant was having illicit relation with the petitioner which was objected by the informant's son. It is further alleged that petitioner and others kidnapped the informant's son with an intention to kill him. Learned counsel for the petitioner submits that petitioner is in custody since 14.04.2021. Petitioner bears criminal antecedent of one case. It is further stated that informant is not an eye witness of the alleged occurrence and only suspicion is raised by the informant. Petitioner has been falsely implicated in this case. There is no specific allegation against the petitioner rather there is general and omnibus allegation.

Learned APP for the State vehemently opposes the prayer for bail of the petitioner by submitting that on the identification of the present petitioner dead body has been recovered.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner and also taking into consideration the material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is, hereby, rejected.

Patna High Court CR. MISC. No.67588 of 2021(3) dt.20-09-2022 3/3 The learned trial Court is directed to expedite the trial and conclude the same as early as possible.

(Alok Kumar Pandey, J) alok/- U T