Md. Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1079 of 2020 Arising Out of PS. Case No.-841 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== MD. SULTAN, aged about 31 years, S/o Late Sattar @ Md. Sattar Khan @ Late Md. Sattar Resident of Village- Sakhua, P.S.- Triveniganj, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 341, 323, 326, 307, 504, 506 and 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act and Section 25(1-b)a, 26/35 of the Arms Act.

Informant has alleged in his complaint that his daughter was married to petitioner in March, 2018 and thereafter she returned to her parental home and on 18.09.2019 petitioner came to his matrimonial house to take his wife back to her matrimonial home however informant stated that she will

Patna High Court CR. MISC. No.1079 of 2020(2) dt.20-01-2020 2/3 go after Moharram upon which petitioner became agitated and inflicted knife blow on his wife as well as mother-in-law who sustained injuries.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The incident is of 18.09.2018 but FIR has been lodged on 14.10.2018. He is in custody since 15.05.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhepura, in connection with Madhepura P.S. Case No. 841 of 2018 corresponding to C.I.S. No. 1865 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.1079 of 2020(2) dt.20-01-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T