Danish Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37746 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- SIKTI District- Araria ====================================================== DANISH ALAM SON OF CHIHARU @ MD. SHAHJAMAL R/O VILLAGE- SONBARSI, WARD NO. 08, P.S.- RANGELI, DISTT.- MORANG (NEPAL) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. R.K. Singh, Advocate Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-09-2022 Heard Mr. R.K. Singh, learned counsel for the petitioner and Mr. Bharat Bhushan, learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is an accused in connection with Sikti P.S. Case No. 81 of 2022 under Sections 304(B), 201 and 120(B) of the Indian Penal Code.
The prosecution story reads as follows :- (i) the informant alleged that the deceased, Sabnam got married with co-accused, Hasim @ Kalia six years ago and from the wed lock, they were blessed with two daughters and two sons but after some time, she was tortured and harassed by
Patna High Court CR. MISC. No.37746 of 2022(2) dt.27-09-2022 2/3 the in-laws for demand of dowry.
(ii) on 01.04.2022, when the informant's wife came at the house of the deceased, she found crowd there and the dead body of her daughter was lying there. Accordingly, the FIR was lodged.
Learned counsel for the petitioner submits that a bare perusal of the FIR would show that beside naming all the accused persons, it was in the last line for that the name of the petitioner, herein has been added who had neither any relationship with the family nor anything to do with them. He further submits that he do not have criminal antecedent and he is in custody since 04.04.2022.
Considering the aforesaid facts that the allegation is against the accused persons who are related to the in-laws, the petitioner has no relation with them nor any role has been attributed, he do not have criminal antecedent and is in custody since 04.04.2022, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Araria in connection with Sikti P.S. Case NO. 61 of
Patna High Court CR. MISC. No.37746 of 2022(2) dt.27-09-2022 3/3 2022, subject to the following conditions-:
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/NehaU T