Md Sharukh Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30937 of 2024 Arising Out of PS. Case No.-216 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md Sharukh Sheikh Son of Md. Jahangir Resident of Mohalla- Hazaratganj Khankah, P.S- Kasim Bazar, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md.Najmul Hodda For the Opposite Party/s:

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 304B and 34 of the IPC. 3.

As per the prosecution case, due to continuous demand of dowry by the FIR named accused persons, the daughter of informant is said to have committed suicide by jumping in river. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case as he happens to be the husband of the deceased. There is general and omnibus allegation against the petitioner. There is no allegation against petitioner to tamper the evidence. There is no eye witness to the alleged occurrence. Petitioner was not present

Patna High Court CR. MISC. No.30937 of 2024(4) dt.14-08-2024 2/2 at the place of occurrence as he was living in Mumbai at that time. He further submitted that charge has already been framed against the petitioner. The petitioner has no criminal antecedent and has been rotting in judicial custody since 05.08.2023. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Mufassil P.S. Case No.216 of 2022, subject to the following condition: (i) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (Anjani Kumar Sharan, J) shikha/- U T