Ashad @ Asad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39486 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== ASHAD @ ASAD ALAM Son of Safique @ Shafique Alam Resident of Village- Patti Mill, Birniya, P.S.- Bahadurganj, Distt- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-07-2019 Counsel for the petitioner is permitted to make necessary correction in prayer portion of the bail petition during course of the day.

Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bahadurganj P.S. Case No. 166 of 2018, instituted for the offence under Section(s) 498(A) of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

Petitioner was earlier granted provisional bail by the court below for three months with conditions that he will take his wife. The bail bonds of the petitioner was cancelled on 14.5.2019 due to non-compliance of the order of the court below.

Patna High Court CR. MISC. No.39486 of 2019(3) dt.30-07-2019 2/3 Counsel for the petitioner submits that petitioner is ready to take his wife but she is not ready to live with the petitioner-husband. He further submits that charge has already been framed in the case and trial is proceeding. Petitioner is in custody since 14.5.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Kishanganj, in connection with Bahadurganj P.S. Case No. 166 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows: (i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.39486 of 2019(3) dt.30-07-2019 3/3 The trial court is directed to expedite the trial and make efforts to conclude the same as early as possible and make efforts to conclude the trial within a period of six months from the date of receipt of this order.

(Sanjay Priya, J) S.Ali/- U T