Sadique Hussain @ Syed Sadique Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.55305 of 2018 (3) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55305 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ====================================================== Sadique Hussain @ Syed Sadique Hussain, Son of Late Ashique Hussain, resident of Village- Jamuara, P.S. Sheikhpura, District- Sheikhpura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raj Nandan Prasad, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354(B), 504, 506/34 IPC registered in connection with Sheikhpura P.S. Case No. 52/2018.

3. It is submitted that the petitioner has been falsely implicated by way of retaliation and vengeance. The petititoner is the Secretary of a privately managed Madarsa in which the informant claims to be a teacher. However, as a matter of fact, shs was dismissed from service in terms of resolution dated 25.02.2017 itself. The petitioner has two antecedents of different nature.

4. Learned APP assisted by learned counsel for the informant appearing suo motu opposes the bail petition.

5. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.55305 of 2018 (3) dt.08-10-2018 communication of this order, let the above named 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, Sheikhpura, in connection with Sheikhpura P.S. Case No. 52/2018, 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 co-operate 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) 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) Chandran U T