Goldi @ Ghufran Ahmad @Gufran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11974 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -NTPC District- BHAGALPUR ====================================================== GOLDI @ GHUFRAN AHMAD @ GUFRAN, Son of Imtiaz Alam, Resident of Mohalla- Sultan Nagar, Bokaro Steel City, Police Station- Chas, District- Bokaro in the state of Jharkhand.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Sri Pranav Kumar CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.11.2017 in connection with Kahalgawn N.T.P.C. P.S. Case No. 50 of 2017 for offences punishable under Sections 365, 376, 366, 306, 497, 438 and 34 of the Indian Penal Code. Later on Section 306 of the Indian Penal Code has been added.

The prosecution case, as lodged by the informant, is

Patna High Court Cr.Misc. No.11974 of 2018 (3) dt.15-03-2018 2/3 that her daughter Juli Bharti aged 23 years went for shopping leaving her son at home and did not return.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R., bears no criminal history and his name surfaced during investigation and from the C.D.R. location of the mobile of the deceased Juli Bharti and the petitioner. He submits that both petitioner and the deceased had love affair and they had eloped to Kolkata but he had put her in the train from Kolkata and did not know about her thereafter. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the dead body of the victim Juli Bharti was found on the Railway track at Pakur. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Kahalgawn N.T.P.C. P.S. Case No. 50 of 2017, pending in the court of learned Chief Judicial Magistrate, Bhagalpur. The application is, accordingly, rejected. However,

Patna High Court Cr.Misc. No.11974 of 2018 (3) dt.15-03-2018 3/3 the petitioner is at liberty to renew his prayer for bail after framing of charge.

(Nilu Agrawal, J) Devendra/- U T