Murad Ali v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38798 of 2018 ======================================================
1. Murad Ali S/o Late Asgar Ali, R/o Vill.- Bhapura Via- Bharwara, Panchayat- Bhawanipur, P.S.- Singwara, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rajiya Khatoon W/o Irfanul Haque, D/o Late Rafi Ahmad, R/o MohallaNabab Road, Chandwara, P.S.- Nagar, District- Muzaffarpur. At present Mohalla- Magardahighat, Ward no. 18, P.S.- Nagar, District- Samatipur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No. 1393 of 2017, registered for the offences punishable under Section 406/34 the Indian Penal Code and Section 3/4 of the D.P.Act.
Allegation as per the complaint petition is that for the marriage of the sister of the complainant Rs.5 lacs was demanded by the petitioner and co-accused Haji Anwar Ali. Submission of learned counsel for the petitioner is that the allegation is vague. No such allegation has been leveled by the victim and the person against whom there is allegation of demand of Rs.5 lacs has already been extended privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 4.7.2018 passed in Cr.Misc. No.36483 of 2018
Patna High Court Cr.Misc. No.38798 of 2018 (3) dt.20-07-2918 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released 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 S.D.J.M. Samastipur, in Complaint Case No.1393 of 2017, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that he has to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) AnilKrSinha/- U