Mojahir Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51688 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mojahir Miyan S/o Late Misrali Miyan, R/o Vill.- Bakhariya Nayaka Tola, P.S.- Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Majhaulia P.S. Case No. 136/2018, registered for the offences punishable under Section 304B and 34 of the Indian Penal Code.

Informant married his sister with Raz Mohammad Miyan three years ago. After marriage, her in-laws including her husband subjected her to mental and physical torture. On 15.04.2018, all the accused persons killed the informant's sister by administering poison.

It has been submitted that petitioner has falsely been implicated in this case. He is father-in-law of the deceased. He has no concern with the family affairs of the deceased. Deceased died due to illness.

Patna High Court Cr.Misc. No.51688 of 2018 (2) dt.04-10-2018 2/2 Petitioner is in custody since 16.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 136/2018, subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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