Md. Tauhid @ Tohid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1776 of 2019 Arising Out of PS. Case No.-42 Year-2018 Thana- THAKURGANJ District- Kishanganj ====================================================== Md. Tauhid @ Tohid, son of Sabal, Resident of Village - Nischitpur, P.S. Thakurganj, District- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Adv.

For the Opposite Party/s :

Mr.Sri Brajendra Nath Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Thakurganj P.S. Case No. 42 of 2018 (G.R. No. 549 of 2018) registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Informant has alleged that his younger daughter was married to petitioner and she was being subjected to torture for non-fulfillment of demand of dowry and on 20.03.2018 he received a massage that his daughter is dead. It has been submitted on behalf of the petitioner that he is innocent and has been implicated in this case on basis of suspicion and on the date of occurrence he was not present at the place of occurrence, he was in Sikkim to earn his livelihood.

Patna High Court Cr.Misc. No.1776 of 2019(3) dt.20-02-2019 2/3 It has been further submitted that deceased has committed suicide which is corroborated by the postmortem report as cause of death has been stated to be asphyxia due to hanging. Petitioner is in custody since 20.04.2018.

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 C.J.M., Kishanganj, in connection with Thakurganj P.S. Case No. 42 of 2018 (G.R. No. 549 of 2018), subject to 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

Patna High Court Cr.Misc. No.1776 of 2019(3) dt.20-02-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T