Md. Shahzad Alam @ Shahzad Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76170 of 2018 Arising Out of PS. Case No.-854 Year-2015 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Shahzad Alam @ Shahzad Alam S/o Late Waris resident of VillageBaijnathpur, Dholbajja, P.S. Forbesganj, District Araria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Rajina @ Rijwana W/o Md. Shahzad Alam resident of VillageBaijnathpur Ward No. 8, Dholbajja P.S. Forbesganj, District- Araria At Present:- D/o Md. Shamsher Alam, resident of Village- Madarganj, Ward No. 11, P.S. Simraha, District- Araria.

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Complaint Case No. 854C of 2015 registered for the offence punishable under Section 498A of the Indian Penal Code.

Complainant who is the wife of the petitioner has alleged that petitioner along with his family members assaulted her and tried to set her ablaze by pouring kerosene oil due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to ulterior motive. There is general and omnibus allegation against petitioner. Petitioner has got no criminal antecedent and is in

Patna High Court Cr.Misc. No.76170 of 2018(2) dt.19-12-2018 2/2 custody since 11.08.2018.

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 S.D.J.M., Araria in connection with Complaint Case No. 854C of 2015 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/manojU T