Patna High CourtCR. MISC./72088/2023allowed

Rahamtullah v. The State Of Bihar

2023-11-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72088 of 2023 Arising Out of PS. Case No.-686 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== RAHAMTULLAH SON OF MD. TANBIR AHMAD R/O VILLAGEBOKHRA, WARD NO.08, P.S.- SIMRAHAT, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal Sr. Adv.

Mr.Kumar Rajdeep For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 of the Indian Penal Code.

3. As per prosecution case, the petitioner who is informant of this case, alleged that the FIR named accused persons forcibly took away his sister Afifa and committed her murder by strangulating her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was the informant of this case and has falsely been implicated in this case by I.O. who let off the FIR named

Patna High Court CR. MISC. No.72088 of 2023(2) dt.09-11-2023 2/2 accused persons. It is also submitted vide para 20 of the petition that the requisition of the arrest and forwarded to C.J.M., Araria is signed by the ASI ddt. 25.7.2023 whereas the petitioner was remanded on 28.7.2023 after 48 hours which shows that the petitioner was illegally detained in police lockup without permission of magistrate. No any consistent material has come against the petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 28.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Forbesganj P.S. Case No. 686 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T