Md. Shamsher @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1543 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Shamsher @ Pappu Md. Ansar @ Late Ansar Resident of Village- Qasba Gachhi Tola, Police Station- Balia, District- Begusarai. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Begusarai Muffasil P.S. Case No. 287 of 2018 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant has alleged in his written complaint that he was informed by the his son in law that his daughter has been killed in her in law's house. On information, he reached at her in-laws house, where he came to know that one co-accused Md. Shahanwaz has kidnapped her daughter. On 26.05.2018 at 9:00 AM a foul smell was noticed from his house then he informed to the police and search was made in the house of Md. Shahnwaz,

Patna High Court CR. MISC. No.1543 of 2019(5) dt.02-04-2019 2/3 one box was opened in which her dead body was kept hidden. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and he is own brother of the husband of deceased. Petitioner has no criminal antecedent and he is in custody since 05.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil P.S. Case No. 287 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.1543 of 2019(5) dt.02-04-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T