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Patna High CourtCR. MISC./45452/2014bail granted

Md. Sikandar v. The State Of Bihar

2015-04-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45452 of 2014 Arising Out of PS.Case No. -204 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Md. Sikandar S/O Md. Hanif Resident of Village- Teghra, P.S.- Azam Nagar (O.P. Salmari), District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.974 of 2015 Arising Out of PS.Case No. -204 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Danish @ Md.danish Alam Son of Late Abdul Gaffor Resident of Village - Toghra (Nayatola), P.S. - Azam Nagar, Distt. - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-04-2015 Both the above-said petitions arise out of Azamnagar (O.P. Salmari) P.S. Case No. 204 of 2014 registered under Sections-376(D)/302/34 of the Indian Penal Code and Section-4 of the Posco Act, 2012 and accordingly, both the above-said petitions are being disposed off by this common order.

Heard learned counsel for the petitioners as well as leaned Additional Public Prosecutor for the State. The above-said case was lodged on the basis of fardbeyan of the petitioner in Cr. Misc. No. 45452 of 2014 but in

Patna High Court Cr.Misc. No.45452 of 2014 (3) dt.16-04-2015 course of investigation, the case took "U" turn and on the basis of secret information, police nabbed the petitioner in Cr. Misc. No. 45452 of 2014 and, thereafter, allegedly the above-said petitioner in Cr. Misc. No. 45452 of 2014 confessed his guilt before the police as well as villagers, disclosing this fact that the petitioner in Cr. Misc. No. 974 of 2015 had raped his daughter and in fit of anger, he committed the murder of his daughter on the alleged date of occurrence.

It appears that except the aforesaid so-called confessional statement of petitioner in Cr. Misc. No. 45452 of 2014 as well as the statement of some villagers in respect of recording of confessional statement of the above-said petitioner, there is nothing against him.

Considering the aforesaid facts and circumstances as well as submission of the parties, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Azamnagar (O.P. Salmari) P.S. Case No. 204 of 2014 to the satisfaction of learned Special Judge/Chief Judicial Magistrate/concerned court, Katihar. (Hemant Kumar Srivastava, J) A.K.V./- U T