Mujahir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22226 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- KODHOBARI District- Kishanganj ====================================================== MUJAHIR ALAM S/O LATE ALIMUDDIN @ DABAL R/o villageKashibari, Patharghatti, Ward No. 01, P.S.- Kodhobari, District- Kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Ms. Asha Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 323, 504, 506, 120(B) and 34 of the Indian Penal Code. As per the prosecution case, the accused persons including the petitioner herein murdered the daughter of the informant for nonfulfilment of demand of dowry. It is submitted by learned counsel for the petitioner that the petitioner happens to be the elder brother of the husband of the deceased. It is only because of the relationship that he has been falsely implication in the case. He is in custody since 1.12.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.22226 of 2021(3) dt.18-11-2021 2/2 Having heard learned counsel for the parties and taking into consideration the facts of the case, the relationship of the petitioner and the petitioner being in custody for over 11 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Kodhobari P.S. Case no. 25 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj. It is directed that the petitioner shall cooperate in the trial in the learned trial Court and shall remain physically present in Court on each date of the trial. In case, the learned trial Court is of the opinion that the trial is being delayed due to noncooperation on part of the petitioner, the learned trial Court will be at liberty to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Bibhash/- U