Md. Shahabuddin @ Shahabuddin v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9445 of 2019 Arising Out of PS. Case No.-2579 Year-2017 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== MD. SHAHABUDDIN @ SHAHABUDDIN sex Male aged about 29 years son of Mohammad Jalil @ Jalil Mian, Resident of Village- Balia Pokhra, P.S. Maharajganj, District Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sabina Khatoon, wife of Md. Shahabuddin, Resident of villageMohiuddinpur, ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Javed Aslam For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Complaint Case No. 2579 of 2017 registered for the offence punishable under Sections 498A, 323, 406/34 of the Indian Penal Code.
Allegation against the petitioner is of torturing the complainant for non fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.9445 of 2019(2) dt.18-02-2019 2/3 he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. Petitioner has got no criminal antecedent and is in custody since 19.12.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Complaint Case No. 2579 of 2017, with following 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.9445 of 2019(2) dt.18-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U