Md Jakir @ Jakir Uddin @ Jakiruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44662 of 2024 Arising Out of PS. Case No.-484 Year-2023 Thana- JOKIHAT District- Araria ====================================================== MD JAKIR @ JAKIR UDDIN @ JAKIRUDDIN S/O LATE VAHID ALI @ WAHAD ALI R/O VILLAGE- CHAKAI WARD NO.- 09, P.S- JOKIHAT, DISTT.- ARARIA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ziaul Quamar, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2024 Heard the parties.
2. The petitioner is in custody in connection with Jokihat P.S. Case No. 484 of 2023 for the offence punishable under Sections 304(B)/34 of the Indian Penal Code lodged on 16.10.2023. by the informant, Sajla.
3. As per the prosecution story, the informant alleged that the victim lady, Soni Khatoon was married to Md. Mannan but was always tortured for dowry by the family members. On 16.10.2023, they came to know about her killing. Upon reaching the place, found the dead body, informed the police which followed the FIR.
4. Learned counsel for the petitioner submits that he is the father-in-law, living separately, having no role to play in the
Patna High Court CR. MISC. No.44662 of 2024(3) dt.02-08-2024 2/3 matter, is eighty two years old and do not have criminal antecedent.
5. Learned APP opposes the prayer for bail submitting that allegation of killing is against all the accused persons.
6. Taking into account the submissions put forward by the parties and also that the petitioner is eighty two years old, having no criminal antecedent, is father-in-law, FIR lodged and will be facing the trial, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 484 of 2023 subject to the following conditions: (i) one of the bailor should be the family member/relative 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 bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.44662 of 2024(3) dt.02-08-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T