Firoz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1601 of 2019 Arising Out of PS. Case No.-590 Year-2017 Thana- KISHANGANJ District- Kishanganj ====================================================== Firoz Alam, Son of Nizam alias Md Najamuddin alias Bijwas @ Nijamuddin Resident of village Birwa P.S. Kochadhaman District Kishanganj. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Kishanganj P.S. Case No.590 of 2017 registered for the offence punishable under Sections 224, 225, 353, 332, 504, 506, 120(B) and 34 of the Indian Penal Code.
Informant has alleged that after institution of case of Kishanganj P.S. Case No.588 of 2017 by Nur Jahan Begum, second wife of the petitioner, came to the residence of the petitioner and when the informant was preparing arrest memo FIR named accused came and forcibly took him away from his custody.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Allegation against petitioner is false and concocted. It is a
Patna High Court Cr.Misc. No.1601 of 2019(2) dt.22-01-2019 2/2 family dispute between the female members of the family. He is in custody since 15.10.2018.
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 Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No.590 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