Md. Neyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41926 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- TURKAULIYA DistrictEast Champaran ====================================================== MD. NEYAZ ALAM, aged about 25 years, male, Son of Md. Ishak Resident of Village - Sonwal Barkurwa, P.S.- Paharpur, Dist.- East Champaran. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sajiya Khatoon, aged about 22 years, female, D/o Md. Abbas Resident of Village - Bewatiya, P.s.- Turkauliya, Dist.- East Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A, 406, 384, 195, 194, 328, 120B of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Turkauliya P.S. Case No. 235 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusations are general and omnibus in nature. It is the opposite party no. 2 who had left the husbandpetitioner started living at her parental home. The petitioner expresses his readiness to keep the opposite party no. 2 with due dignity and honour. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.41926 of 2019(2) dt.09-07-2019 2/2 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya P.S. Case No. 235 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T