Sartaj Mansoori @ Sartaj Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86234 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Sartaj Mansoori @ Sartaj Miyan, S/o Sanfaraj Mansoori @ Sarfaraj Mian @ Sarfaraz Miyan @ Sarfaraz, R/o Ward No.-3, Village- Bagahi, P.S- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vatsal Verma, Advocate Mr. Shashank Chandra, Advocate Ms. Kumari Shubham, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Lauriya P.S. Case no. 179 of 2023 registered under sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his daughter, who was married to one Akhtar Ansari, came to his house on the occasion of festival. On going to ease herself outside the house, she did not return and subsequently her dead body was recovered in the agricultural filed. The informant
Patna High Court CR. MISC. No.86234 of 2023(3) dt.09-04-2024 2/3 further states that on an earlier occasion his daughter was having a love affair with the petitioner. He suspects that the petitioner may have a hand in the murder of his daughter.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated by the informant on the basis of an unsubstantiated suspicion. No material has transpired in course of investigation to connect the petitioner with the alleged crime. There is no eye witness to the occurrence. The petitioner has no criminal antecedent and is in custody since 7.7.2023. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State, however he admits that there is no eye witness to the occurrence.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, material that has transpired in course of investigation, there being no eye witness to the occurrence, the petitioner having remained in custody for 9 months since 7.7.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Lauriya P.S. Case no. 179 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.86234 of 2023(3) dt.09-04-2024 3/3 satisfaction of the learned Additional Chief Judicial MagistrateIst, District- West Champaran. (Partha Sarthy, J) avinash/- U T