← Library
Patna High CourtCR. MISC./6935/2019bail granted

Raju Mallick @ Mohammad Raju @ Dhakar v. The State Of Bihar And ANR

2019-02-15Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6935 of 2019 Arising Out of PS. Case No.-52 Year-2017 Thana- MAHILA PS District- Jamui ====================================================== RAJU MALLICK @ MOHAMMAD RAJU @ DHAKAR Son of Usman Mallick Resident of Village- Danrh ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR AND ANR Bihar

2. Dolly Kumari @ Jinat Praveen Wife of Raju Mallick @ Dhakar Resident of Village- Danrh ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jamui Mahila P.S. Case No. 52 of 2017 registered for the offence punishable under Sections 323, 341, 504, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against petitioner and other co-accused is of torturing the informant for non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that petitioner is the husband of informant and he has been falsely implicated in this case. It has been further submitted that

Patna High Court Cr.Misc. No.6935 of 2019(2) dt.15-02-2019 2/2 informant and petitioner entered into love marriage and petitioner is always ready to keep the informant with love and affection. Petitioner has no criminal antecedent and he is in custody since 11.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Jamui Mahila P.S. Case No. 52 of 2017 subject to the conditions that:-

(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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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