Md. Shamsher Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22147 of 2022 Arising Out of PS. Case No.-102 Year-2020 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Md. Shamsher Alam, Son Of Md. Tahir, R/O - Usrahi Supaul, P.S.- Ghanshyampur, District- Darbhanga, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binit Kumar, Advocate For the State :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Ghanshyampur P.S. Case No.102 of 2020 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.
There is an allegation that the petitioner has killed his wife by setting her ablaze.
The petitioner's prayer for bail was earlier rejected on 05.10.2021 in Cr.Misc. No.14824 of 2021. The period of custody now is more than two years. In view thereof, this Court required the trial court to submit a report regarding the stage of trial.
Report dated 22.06.2022 indicates that after
Patna High Court CR. MISC. No.22147 of 2022(4) dt.13-07-2022 2/3 commencement of prosecution witnesses on 09.02.2022 till the date of report i.e., 22.06.2022, no prosecution witness was examined. There is practically no progress at the trial whatsoever.
The petitioner's prayer for bail in the circumstances, having regard to the period of custody and taking note of the fact that there is no progress at the trial, is allowed, subject to the condition that the petitioner shall participate in the case on day to day basis.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Darbhanga, in connection with Ghanshyampur P.S. Case No.102 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails
Patna High Court CR. MISC. No.22147 of 2022(4) dt.13-07-2022 3/3 to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. PNM/Shashank (Madhuresh Prasad, J) U T