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Patna High CourtCR. MISC./70944/2022allowed

Saddam Ansari v. The State Of Bihar

2023-04-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70944 of 2022 Arising Out of PS. Case No.-449 Year-2018 Thana- BANKA District- Banka ====================================================== SADDAM ANSARI S/o Mansoor Ansari R/o Village- Pithoriya, P.S.- Pithoriya, Distt- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Vardhan For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 302 of the Indian Penal Code.

As per prosecution case, someone committed murder of the daughter of the informant namely, Madhu Kumari and hanged her dead-body on ceiling hook through a cloth. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. From the perusal of para-45 of the case diary, it appears that conversation has taken place between the petitioner and the I.O. of the case on mobile phone and the same has been recorded and

Patna High Court CR. MISC. No.70944 of 2022(3) dt.19-04-2023 2/2 incorporated by the I.O. He submitted that during course of investigation, it appears that there was love affairs between the deceased and one Rafique Ansari and petitioner is the friend of Rafique Ansari but he has no concern with the deceased. There is no consistent evidence and no eye-witness of the alleged occurrence, only on the basis of suspicion, petitioner has implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 16.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka, in connection with Banka P.S. Case No. 449 of 2018. (Sunil Kumar Panwar, J) arish/- U T