Junaid Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31759 of 2020 Arising Out of PS. Case No.-335 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== JUNAID AKHTAR Son of Naimul Haque Resident of Village- Machhaha, P.S.- Muffasil Motihari, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner seeks bail in a case instituted for the offences under Sections 304B and 120B of the Indian Penal Code. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner happens to be husband of the deceased. This is second attempt made on behalf of the petitioner for grant of bail. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.6.2018. The charge has already been framed in this case. The informant of the case has been examined in course of the trial as P.W.-3. The informant, in his crossexamination, has denied the allegations as levelled in the F.I.R. On behalf of the State, it is submitted that the petitioner is

Patna High Court CR. MISC. No.31759 of 2020(4) dt.30-06-2021 2/2 named in the F.I.R.

Considering the period of custody and the deposition of the informant and also the lockdown, the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Muffasil P.S. Case No. 335 of 2018. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

It has further been directed that the petitioner shall cooperate in the trial. If the Trial Court feels that the petitioner is not cooperating in the trial, the Trial Court is at liberty to cancel the bail bonds of the petitioner.

(Sudhir Singh, J) Pankaj/- U T