Najrul Haque @ Md Najrul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13796 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== NAJRUL HAQUE @ MD NAJRUL Son of Late Safazul Haque @ Tafezul Resident of Village- Moujabari Kolhabasti, P.S.- Kochadhaman, DistrictKishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Kochadhaman P.S. Case No. 212 of 2020, registered for the offence punishable under Sections 304B, 328 and 34 of the Indian Penal Code. This is a case of dowry death and allegation is that petitioner and other accused persons committed murder of informant's daughter due to non-fulfillment of demand of dowry.
It is submitted on behalf of the petitioner that petitioner happens to be father-in-law of the deceased. There is
Patna High Court CR. MISC. No.13796 of 2021(2) dt.30-06-2021 2/3 general and omnibus allegation. Husband of the deceased is already in custody since 11.10.2020, as stated in para 13 of the petition. Petitioner used to live separately and has no concern with the family affairs of the deceased and his son. Petitioner is an old man and he is in custody since 11.10.2020 having clean antecedent, as stated in para 3 of the petition. Considering the facts and circumstances of the case and the fact that petitioner is father-in-law of the deceased, the petitioner above-named, 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 learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No.
212 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.13796 of 2021(2) dt.30-06-2021 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T