Kadir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12180 of 2021 Arising Out of PS. Case No.-46 Year-2019 Thana- SIMULTALLA District- Jamui ====================================================== Kadir Mian Aged About 62 Years Son Of Late Hakim Jian, Resident Of Village Bathnabaran Police Station Simultalla District Jamui ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Dubey, Advocate For the Opposite Party/s :

Ms/Mrs. Asha Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 304B/120B/34 of the Indian Penal Code.

It is alleged that the petitioner and his family members subjected the informant's daughter to cruelty and harassment and ultimately they killed her on account of non fulfillment of the demand for dowry.

Learned counsel for the petitioner submits that the petitioner happens to be father in law of the deceased who is

Patna High Court CR. MISC. No.12180 of 2021(3) dt.06-07-2021 2/3 separate in mess and business from his son. There is general and omnibus allegation against him. Petitioner is in custody since 1.9.2020. Similarly situated co-accused mother-in-law of the deceased has already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 26284/2020. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that there is general and omnibus allegation agaisnt the petitioner who is in custody since 1.9.2020, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate II, Jamui in connection with Simultalla P.S. Case No. 46 of 2019 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.12180 of 2021(3) dt.06-07-2021 3/3

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

(Prabhat Kumar Singh, J) Shashi U T