Md. Abujar @ Abujar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68886 of 2022 Arising Out of PS. Case No.-286 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Md. Abujar @ Abujar, aged about 60 years (M), S/O Abdul Ganni R/O Village- Bela Tinkhambha Tola, Ward No-01, P.S-Narpatganj, District- Araria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sharda Nand Mishra, Advocate For the State :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2023 This matter has been taken up today for consideration through video conferencing.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Narpatganj (Basmatiya) P.S. Case No. 286/2022 registered for the offence punishable under Sections 302, 341, 323, 365, 366, 504 and 506/34 of the Indian Penal Code (for brevity 'IPC'). The informant's daughter, as per prosecution case, has gone missing from her sasural. The same has led to lodging of the First Information Report (for brevity 'FIR') alleging kidnapping. On recovery of the dead body of the victim dumped beside a canal, Section 302 of the IPC has been added. The learned counsel for the petitioner submits that petitioner is father-in-law of the victim. He has not even been named by the informant in the FIR. The informant, surprisingly, has also not named the victim's husband. By virtue of petitioner's relationship, and based on suspicion, he has been
Patna High Court CR. MISC. No.68886 of 2022(2) dt.04-03-2023 2/3 made accused during the investigation, though there is no cogent material to even suggest the petitioner's involvement. He is in custody since 06-07-2022. There is also antecedent of the petitioner for alleged offences under the Bihar Prohibition and Excise Act and in the said case, he is on bail. Co-accused, namely, Md. Saddam Hussain @ Saddam Hussain and Md. Isahak @ Md. Ishaque, who are named by the informant, have been allowed bail in Criminal Miscellaneous No. 66874 of 2022.
The learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, the fact that petitioner is not FIR named accused, his period of custody and claim based on parity with other co- accused, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, in connection with Narpatganj (Basmatiya) P.S. Case No. 286/2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the
Patna High Court CR. MISC. No.68886 of 2022(2) dt.04-03-2023 3/3 petitioner.
(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T