Md. Shamim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70767 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- THAKURGANJ District- Kishanganj ====================================================== Md. Shamim Akhtar, S/o Sonu Mahajan @ Jalaluddin, Resident of VillageHathiduba, P.S.- Thakurganj, District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Jha For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Thakurganj P.S. Case No. 100 of 2018 registered for the offence punishable under Sections 302/120B of the Indian Penal Code.

Informant is the father of the deceased who in his written complaint has alleged that the marriage of his daughter with the petitioner was solemnized 12 years before and thereafter she has been killed by hanging her. However, after investigation police has submitted chargesheet under Section 306 of the IPC i.e. abetment of suicide.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.70767 of 2018(2) dt.11-12-2018 2/2 06.08.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Thakurganj P.S. Case No. 100 of 2018, with following 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) ranjan/- U