Majhar Khan @ Mr. Mazhar Ainul Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80435 of 2019 Arising Out of PS. Case No.-441 Year-2016 Thana- SONEPUR District- Saran ====================================================== MAJHAR KHAN @ MR. MAZHAR AINUL KHAN Son of Anul Khan @ Ainul Khan Resident of Village - Darwa, P.S.- Uphara, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the informant :

Mr.Manish Chandra Gandhi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 365, 366/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the victim.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 24-09-2019. Charge sheet has already been submitted. The name of the petitioner has transpired in this case merely on the basis of suspicion. There is no eye witness to the abduction of the victim nor any witness has come in course of investigation claiming to have seen the abduction of the victim. Suspicion has been raised

Patna High Court CR. MISC. No.80435 of 2019(3) dt.19-03-2020 2/2 against the petitioner only for the reason that there was love affairs between the petitioner and the victim. Later on, dead body of the victim is said to have been recovered for which a separate case has been instituted for an offence under Section 302 of the Indian Penal Code and in that case, the petitioner has already been enjoying the privilege of bail.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra in connection with Sonepur P.S. Case No. 441 of 2016.

(Sudhir Singh, J) A.K.V.//- U T