Md. Ruksar @ Ruksar Alam @ Rukhsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1678 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Md. Ruksar @ Ruksar Alam @ Rukhsar Alam aged about 28 years Son Of Md. Aajub @ Md. Ayub @ Ayub Resident Of Village - Rahta, P.S. - Uda Kishunganj, District - Madhepura ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party :

Mr. Md.Matloob Rab, APP 34 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 302/120B/34 of the Indian Penal Code.

As per the prosecution case, son of the informant was living in his sasural for twenty days. At about 1 am she came to know that the condition of her son is very serious. Thereafter she along with villagers reached there at 2.30 am but wife of her son did not allow to meet him. In the mean time, dead body of her son was taken down from Ambulance. Informant alleges that this petitioner along with other accused persons named in the FIR in connivance killed her son.

Learned counsel for the petitioner submits that the petitioner is a distant relative of father-in-law of the deceased and he is working in a garage which is situated just near the

Patna High Court CR. MISC. No.1678 of 2021(2) dt.04-03-2021 2/3 house of the father-in-law of the deceased and when his condition became serious, he along with others accompanied with the deceased for taking him at the hospital for treatment and he has no concern with the wife of the deceased. He submits that save and except suspicion that he had illicit relation with the wife of the deceased, no other material has been collected during course of investigation to connect him with the occurrence. Learned counsel further submits that no motive has been assigned on the part of the petitioner for committing such offence. Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 17.9.2019.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Udakishunganj, Madhepura in Uda Kishunganj Police Station Case No. 244/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.1678 of 2021(2) dt.04-03-2021 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T