Hasan @ Hassan @ Md. Hasnain And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30126 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -BARSOI District- KATIHAR ======================================================

1. Hasan @ Hassan @ Md. Hasnain, Son of Sarif,

2. Sarif, Son of Late Turesh, Both resident of Village- Balupara, P.S.- Barsoi, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 It appears that petitioner no. 2 has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 17.5.2018 passed in this case. So far petitioner, namely, Hasan @ Hassan @ Md. Hasnain is concerned, he is apprehending his arrest in connection with Barsoi P.S. Case No. 52 of 2018, registered for offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Allegation against the petitioner is of causing dowry death of the deceased.

It has been submitted on behalf of the petitioner that para 7, 8 and 9 clearly disclosed that the deceased was pregnant and during treatment, she died and parents of the deceased were also

Patna High Court Cr.Misc. No.30126 of 2018 (3) dt.26-06-2018 2/3 preset there but the petitioner has falsely been made accused in this case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Barsoi P.S. Case No. 52 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.30126 of 2018 (3) dt.26-06-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T