Md. Mokhtar @ Mokhtar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32321 of 2015 Arising Out of PS.Case No. -186 Year- 2014 Thana -NAWADA District- NAWADA ======================================================

1. Md. Mokhtar @ Mokhtar Khan S/o Late Hawaldar Khan Resident of Village Kurla, P.S. Rajauli, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate. For the Opposite Party/s : Mr. G.S. Gupta (APP) For the Informant : Mr. Jai Prabhat Kishore, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 364 (A)/34, 120 (B)/34, 302 and 201 of the I.P.C Allegedly, Bipin Kumar, the husband of the informant Karuna Sagar, after receiving a call on his mobile from one Pappu went out side of the house and thereafter he did not return. Later on, ransom of Rs. 50,00,000/- was demanded from the mobile of husband of the informant.

Submission is of false implication and that only on the

Patna High Court Cr.Misc. No.32321 of 2015 (5) dt.09-05-2016 2/2 basis of the confessional statement of co-accused name of the petitioner has transpired, the petitioner has got no concern in the alleged kidnapping or murder of husband of the informant, without any legal and tangible material the petitioner is suffering in custody since 20.04.2014.

The learned A.P.P. duly assisted by the learned counsel for the informant seriously opposes prayer for bail by submitting that besides other co-accused the petitioner has also confessed his guilt and on the basis of his confessional statement the dead body of the deceased was recovered which was identified by the family members of the deceased. The petitioner has also got criminal antecedent.

In the facts and circumstances as stated above, considering that on the basis of the confessional statement of the petitioner the dead body of Bipin Kumar was recovered and as such considering seriousness of the allegation I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Nawada Nagar P.S. Case No. 186 of 2014 pending in the court of C.J.M. Nawada. (Jitendra Mohan Sharma, J) Abhay/- U T