Nek Md. Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69701 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- MATIYARIA District- West Champaran ====================================================== Nek Md. Baitha, S/o Late Noor Baitha, resident of Village- Daraul, P.S.- Matiyariya, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate.

For the Opposite Party/s :

Dr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Matiyariya P.S. Case No. 43 of 2018 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is informant of the case. He has lodged written report before the police levelling allegation that his daughter aged about nine years had gone out of house and she did not return. Later on her dead body was found from the sugarcane field. The petitioner who was informant of the case has raised suspicion against four accused persons as named in the written report. Counsel for the petitioner submits that police started investigation in casual manner and instead of arresting accused persons as mentioned in the written report, petitioner has been

Patna High Court Cr.Misc. No.69701 of 2018(2) dt.28-11-2018 2/2 made accused and has been implicated in the instant case. Petitioner is said to be in custody since 20.7.2018. Considering the aforesaid facts and circumstances of the case, 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 learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Matiyariya P.S. Case No. 43 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T