Md Shahid @ Shahid vs The State Of Bihar
2021 Latest Caselaw 4231 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.37729 of 2020
   Arising Out of PS. Case No.-150 Year-2020 Thana- AAJAM NAGAR District- Katihar
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Md Shahid @ Shahid, aged about 30 years, Male son of Abdul Mannan, Resident of Village- Ratnia, PS- Azamnagar, District- Katihar.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Senior Advocate with Mr. Suresh Prasad Sah @ Baranwal, Advocate For the State : Mr. Arun Kumar Singh No. 5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Yogesh Chandra Verma, learned senior

counsel along with Mr. Suresh Prasad Sah @ Baranwal, learned

counsel for the petitioner and Mr. Arun Kumar Singh No. 5,

learned Additional Public Prosecutor (hereinafter referred to as

the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Azamnagar PS Case No. 150 of 2020 dated 26.06.2020,

instituted under Sections 302, 201 and 120B of the Indian Penal

Code.

4. The allegation against the petitioner and others is

of killing the daughter of the informant, who was married to the Patna High Court CR. MISC. No.37729 of 2020 dt.23-08-2021

brother of the petitioner.

5. Learned counsel for the petitioner submitted that

though the body has been recovered from the toilet of the

matrimonial home wrapped in a plastic sheet, but the petitioner

was living separately from his brother and has no connection

either in the murder or had any knowledge of the incident. It

was submitted that marriage having taken place 10 years ago

and there being a son born out of the wedlock, aged 8 years,

would show that there was no reason for committing the

offence. Learned counsel submitted that the husband of the

deceased, who was arrested at the spot, is still in jail and the

petitioner has no criminal antecedent.

6. On the aforesaid stand on behalf of the petitioner,

the Court on 22.07.2021 had asked learned APP to obtain the

up-to-date legible photo copy of the entire case diary of the

present case from the Superintendent of Police, Katihar who

was also directed to send a specific report with regard to the

stand that the petitioner is living separately from his brother,

who is husband of the deceased.

7. Learned APP submitted that he has received the

same and that the report of the Superintendent of Police, Katihar

has also been forwarded to the Court.

Patna High Court CR. MISC. No.37729 of 2020 dt.23-08-2021

8. Learned APP submitted that in the case diary and

the report of the Superintendent of Police, Katihar, it has come

that the ancestral house of the petitioner has two bedrooms, out

of which one was given to the deceased and her husband and the

other to the petitioner, but the petitioner lives at his in-laws'

place at village Narayanpur which is 12 Kms. away from his

ancestral place and used to come to the ancestral place from

time to time. Further, it was submitted that during investigation,

no direct role of the petitioner has come to light. Learned APP

submitted that the post-mortem report discloses that there was

injury on the head caused by hard blunt substance and death was

due to strangulation caused by hanging and the said injury

resulting in shock. On specific query of the Court as to whether

any other injury has been found on the body of the deceased, the

answer was in the negative. Further query as to whether the

presence of the petitioner when the body of the deceased was

recovered has come during investigation, learned APP submitted

that no witness has stated with regard to the presence of the

petitioner at the time the body was recovered.

9. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

view of material which has come during investigation that the Patna High Court CR. MISC. No.37729 of 2020 dt.23-08-2021

petitioner used to live separately and further there being no

injury on the body except for one injury on the head and death

being caused by hanging as also no witness stating with regard

to the presence of the petitioner at the time the body was

recovered, the Court is persuaded to allow the prayer for pre-

arrest bail.

10. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned S.D.J.M., Katihar

in Azamnagar PS Case No. 150 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further (i) that one of the bailors shall be a

close relative of the petitioner, and (ii) that the petitioner shall

cooperate with the Court and the police/prosecution. Failure to

cooperate shall lead to cancellation of his bail bonds.

11. It shall also be open for the prosecution to bring

any violation of the foregoing conditions by the petitioner, to the

notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.37729 of 2020 dt.23-08-2021

12. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T