Shakir Ajaz @ Shakir Ezaj v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10697 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== SHAKIR AJAZ @ SHAKIR EZAJ S/o Late Haroon Rashid Ajaz @ Late Rashid Azaj Md. Resident of Mohalla- Hospital Road (Near Lal Mandir), P.S.- Jehanabad, District- Jehanabad, Present Address Resident, Flat No. 410, KD, Bihar Apartment East Boring Road, P.S.- Budha Colony, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Gulnaz Akhtar Wife of Tarique Haroon, D/o Md. Akhtar Resident of New Road Nawab Bahadur Road, Gulzarbagh, Patna City, P.S.- Khajekalan, District- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A),307,504,506/34 IPC and Sections 3 and 4 of the D.P. Act registered in connection with Mahila P.S. Case No. 141 of 2018.
3. It is submitted that the petitioner who is the dewar of the informant has been falsely implicated and in any event, the only accusation against him is that he came to the hospital along with other co-accused persons and threatened her parents against filing of case after abusing and assaulting them. There is no material to corroborate the accusation of assault on the informant's parents in absence of any injury report on record. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Mrs. Priya
Patna High Court Cr.Misc. No.10697 of 2019(2) dt.22-02-2019 2/2 Shekhar, learned J.M.Ist Class, Patna in connection with Mahila P.S. Case No. 141 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T