The Court granted bail under the Indian Penal Code to a petitioner who was not named in the FIR but later implicated as a witness during investigation. The Court found no tangible material linking him to the murder of the deceased.
The petitioner was directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39680 of 2016
Arising Out of PS.Case No. -19 Year- 2016 Thana -SARSI District- PURNIA
====================================================== Md. Farman Ansari, S/o Md. Mahid Ansari, Resident of Village- Gari Dharhar, P.S.- Dhamdaha, Distt- Purnea.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Siyaram Sahi and Ms. Shally Kumari, Advocate. For the Opposite Party/s : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner seeks bail in Sarsi P.S. Case No. 19/16 registered under Sections 302, 201, 34 of the Indian Penal Code.
The informant lodged the case alleging therein that on 18.02.2016 his niece informed him that his wife did not return to her house and she is traceless. The informant, during the course of search, found the dead body of his wife Phool Kumari in a maize field. The informant further alleged that some unknown persons killed his wife and concealed her dead body in the maize field.
Sri Siyaram Sahi, learned counsel for the petitioner, submits that the petitioner is not named in the F.I.R. During the course of investigation, one Mangal Soren disclosed that the petitioner Md. Farman Ansari, Bam Bam Sah and Dashrath
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Hansda were seen talking with the deceased. Save and except this fact, no tangible material is collected to show the involvement of the petitioner in the death of Phool Kumari, the wife of the informant. The petitioner was working as a tailor at the Darwaza of the informant and the petitioner was well acquainted with the deceased. He had a talk with the deceased on telephone but this fact does not show in any way the involvement of the petitioner in the murder of Phool Kumari.
The learned A.P.P. did not show any material from the entire case diary to show the involvement of the petitioner in the murder of the deceased.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Purnea in Sarsi P.S. Case No. 19 of 2016.
(Prabhat Kumar Jha, J)
Dilip/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case where he is not named in the FIR.
Whether available evidence sufficiently implicates the petitioner in the offence.
1 provisions across 1 enactments
Md. Farman Ansari
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
