Md. Afsar @ Afsar Alam @ Apsar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85422 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- SIKTI District- Araria ====================================================== MD. AFSAR @ AFSAR ALAM @ APSAR SON OF SULTAN RESIDENT OF VILLAGE - SINGHIA, WARD NO.03, POLICE STATION - SIKTI, DISTRICT - ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner as also the State and the informant.
2. The petitioner is apprehending his arrest in connection with Sikti P.S. Case No. 159 of 2022 for the offence under sections 302/34 of the I.P.C. lodged on 21.06.2022 by the informant, Raushan.
3. As per the prosecution story, the allegation is that the marriage of the daughter of the informant was solemnized with Md. Akhlak who died due to cancer. Thereafter, allegation against this petitioner is that he wanted to grab the share of her late husband and in the process, finally, it came to their knowledge that she has been killed. Upon reaching the place, the lady was found in naked condition, both hands and legs were
Patna High Court CR. MISC. No.85422 of 2023(2) dt.29-01-2024 2/2 tied and a black spot on neck was also present. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that she had relationship with one Arif and only because he belongs to the family, has been implicated. Further, Md. Parvez has been granted relief.
5. Learned counsel for the informant, on the other hand, submits that learned counsel for the petitioner is casting aspersion on person Md. Arif who has in fact in course of investigation named this petitioner. Further, he is a named accused in the FIR unlike Md. Pravez who was not named.
6. Taking into account the aforesaid facts/submissions, it would be appropriate that the petitioner surrender and move for bail.
7. No case of anticipatory bail is made out, the anticipatory bail application stands rejected. (Rajiv Roy, J) kiran/- U T