Raseed Alam v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8940 of 2019 Arising Out of PS. Case No.-2615 Year-2012 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== RASEED ALAM, aged about 35 years, Male, Son of Ish Mohammad Mian Resident of Village - Lilari (Aurangabad)P.S. Goreya Kothi, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahjahan Khatoon, aged about 33 years, Female, D/O- Mohannad Mustkim, Wife of Raseed Alam, Resident of Village - Lilari (Aurangabad), P.S.- Goreya Kothi, District- Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Harendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 498A, 323, 379/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Informant has filed a complaint case that she was assaulted by petitioner on 21.04.2001 and thereafter she was being tortured for non-fulfillment of demand of motorcycle in dowry. Two children were also born from wedlock. However, informant with her two sons were ousted from his matrimonial home.

Patna High Court CR. MISC. No.8940 of 2019(2) dt.12-03-2019 2/3 It has been submitted on behalf of the petitioner that marriage was solemnized almost 17 years before and the allegations of demand of dowry and torture are false. He is ready to keep his wife with dignity and honour. Petitioner is in custody since 06.12.2018.

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 court below where the case is pending in connection with Complaint Case No. 2615 of 2012, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his 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, prosecution will be

Patna High Court CR. MISC. No.8940 of 2019(2) dt.12-03-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

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