Md. Saidullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22798 of 2020 Arising Out of PS. Case No.-255 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MD. SAIDULLAH, S/o Late Samsuddin, Resident of Village-PresentlyMohabatpur Dhaka, P.S-Dhaka, District-East Champaran. Permanent Resident of Village-Pakariya, P.S.-Chhauradana, District-East Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shajmin Tamanna, W/o Md. Saidullah, D/o Md. Badruddin Resident of Village-Maike-Mohabatpur Dhaka, P.S.-Dhaka, District-East Champaran. R/o Matrimonial Village-Pakariya, P.S.-Chhauradano, District-East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 498-A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act..

Allegation against petitioner and other co-accused is of torturing the complainant for non-fulfillment of demand of dowry and accused persons ousted her from her matrimonial house after snatching her belongings.

Patna High Court CR. MISC. No.22798 of 2020(2) dt.10-09-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to family feud. It has been further submitted that petitioner filed Matrimonial Case bearing No. 376 of 2016 for restitution of conjugal relation and after knowing the case, victim filed the present complaint case. Petitioner is in custody since 20.01.2020 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Tr. No. 3192 of 2019 arising out of C-225 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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.22798 of 2020(2) dt.10-09-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.

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