Md. Noor Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74215 of 2018 Arising Out of PS. Case No.-201 Year-2016 Thana- SURSAND District- Sitamarhi ====================================================== Md. Noor Alam son of Md. Allauddin, resident of Village- Belahiya, P.S.- Sursand, District- Sitamarhi.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Hasrati Khatoon, W/o Md. Noor Alam, D/o Md. Masleuddin, resident of Village- Balahiya, P.S.- Sursand, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Sri Mustaque Alam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sursand P.S. Case No. 201of 2016 registered for the offences punishable under Sections 323, 379, 392, 504, 506 and 498 (A) of the Indian Penal Code and under Section 3/4 of the D.P. Act.

Complainant who is the wife of the petitioner has alleged in her written complaint that petitioner along with his family member tortured her due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.74215 of 2018(2) dt.13-12-2018 2/2 falsely implicated in this case. He is in a good relation with the complainant (wife) and never demanded dowry. He has no criminal antecedent and he is in custody since 03.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I/C- S.D.J.M., Pupri, Sitamarhi in connection with Sursand P.S. Case No. 201 of 2016, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/ManojU T