Habibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21946 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== HABIBUR RAHMAN S/O LATE ABDUL WAHAB R/O VILLAGEBAGALBARI, P.S.-KOCHADHAMAN, DISTRICT KISHANGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with his family members killed informant's sister for non-fulfilment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is father-in-law and there is general and omnibus allegation against him. Petitioner is separate in mess and business. He is in custody since 7.12.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties,

Patna High Court CR. MISC. No.21946 of 2021(2) dt.15-07-2021 2/2 materials available on the record and the fact that there is general and omnibus allegation against the petitioner and he is in custody since 7.12.2020, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Kishanganj in Kochadhaman Police Station Case No. 263 of 2020 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.

(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