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Patna High CourtCR. MISC./1287/2019bail granted

Md. Gufranul Hoda @ Gufranul Hoda @ Md. Shahanshah Nadeem @ Md. Shahanshah Nadeem Siddhiqui @ Shaha v. State Of Bihar And ANR

2019-01-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1287 of 2019 Arising Out of PS. Case No.-344 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Md. Gufranul Hoda @ Gufranul Hoda @ Md. Shahanshah Nadeem @ Md. Shahanshah Nadeem Siddhiqui @ Shaha ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Complaint Case No. 344 of 2017 registered for the offence punishable under Sections 498(A) of the Indian Penal Code, 1860, and 3⁄4 of Dowry Prohibition Act. Allegation against petitioner is of torturing the complainant for non-fulfillment of demand of dowry and she was ousted from her matrimonial Home.

It has been submitted on behalf of the petitioner that petitioner is the husband of complainant and she is a divorcee lady and blackmailed her first husband and took Rs. 2.50 lacs and thereafter she married with the petitioner and filed the

Patna High Court Cr.Misc. No.1287 of 2019(3) dt.18-01-2019 2/2 present case to extort money. She does not want to give birth to a kid for which she used to take medicine without the consent of the petitioner. Petitioner has no criminal antecedent and he is in custody since 01.11.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Complaint Case No. 344 of 2017 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T