Baitullah Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76732 of 2018 Arising Out of PS. Case No.-192 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Baitullah Mian Son of Afiullah @ Sharfullah, Resident of Village- Jhumka, P.S.- Sikta, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu For the Opposite Party/s :

Mr.Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 05.08.2018 in connection with Raxaul P.S. Case No.192 of 2018 registered for the offences punishable under Sections 302, 363, 120B of the Indian Penal Code.

Prosecution case as per the written report of Phool Chnd Giri to S.HO. Of of Raxaul P.S. is to the effect that the informant, being resident of Uttar Pradesh was residing at Raxaul in a rental house of Raj Kumar Sah with his wife and daughter. He used to run e-rikshaw. When informant used to go to Raxaul for work, the petitioner who always used to come in his residential house and used to establish physical relation with his wife. On 24.7.2018 when he returned from his duty, then he saw that his room was closed, he believed that the petitioner

Patna High Court Cr.Misc. No.76732 of 2018(3) dt.25-01-2019 2/3 must have taken away his wife and his daughter. Thereafter, he started searching and found rotten smell coming from his room, he informed nearby police and thereafter room was broken and dead body of the informant's wife was found in the room, leading to the registration of FIR.

It is submitted by learned counsel for the petitioner that from the entire prosecution case, it appears that the informant's motive to kill his wife since he suspected illicit relation with the petitioner. As per the first information report, he used to return everyday home after the work then there is no occasion for not entering into room any specific for four days. The statement has been recorded in para 11 of the case diary which suggest that it was the landlord who found rotten smell coming out from the room and the got the lock of the room broken. There is no eye witness to the occurrence and only on the basis of suspicion, the accusation has been levelled. Learned APP after going through the case diary submits that the petitioner had illicit relationship with the wife of the informant. He however admits that there was no eye witness.

Considering the suspicious nature of accusation, there being no eye witness of the occurrence, let the above named

Patna High Court Cr.Misc. No.76732 of 2018(3) dt.25-01-2019 3/3 petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Raxaul P.S. Case No.192 of 2018 (Dinesh Kumar Singh, J) sanjeev/- U T