Md. Ehsanullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2040 of 2019 Arising Out of PS. Case No.-223 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Md. Ehsanullah Abdul Qaiyum Ansari Resident of village-Aganoor, P.S.- Kaler, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Rashid Alam For the Opposite Party/s :
Mr.Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Raghunathpur P.S. Case No. 223 of 2017 registered for the offence punishable under Sections 325, 326 and 307 of the Indian Penal Code, under Section 27 of the Arms Act and under Section 3/4 of the Dowry Prohibition Act.
Informant who is the Mother-in-law of the petitioner has alleged that on 12.12.2017 at about 6:00 A.M. petitioner, entered her house and fired upon Arman Ali and thereafter also fired upon her which hit on her left chest. The motive of occurrence was 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 enmity and out of grudge. The injures are simple in nature.
Patna High Court Cr.Misc. No.2040 of 2019(2) dt.18-01-2019 2/2 Nothing has been recovered from the possession of the petitioner. He is in custody since 13.12.2018. 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 Additional District and Sessions Judge-III, Siwan, District Siwan, in connection with Raghunathpur P.S. Case No. 223 of 2017, 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