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Patna High CourtCR. MISC./44684/2019bail granted

Md. Meraj v. The State Of Bihar

2020-02-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44684 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- ABADPUR District- Katihar ====================================================== Md. Meraj Age-25 years, Male, Son of Late Najrul Haque R/O- Laguwa, P.S. - Abdapur, Distt. - Katihar ... ... Petitioner/s

Versus

1. The State of Bihar

2. Nasera Khatoon, D/o Md. Pocho R/O Vill. Laguwa Panchapat Das, P.S. - Abdapur, Distt. - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

20-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Abadpur P.S. Case No. 79 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. Petitioner is husband of informant/opposite party no. 2 and specific allegation of assault has been made against co-accused Md. Manjoor of giving knife blow on her head. So far as this petitioner is concerned, it is alleged that he had caught hold of the informant.

It is submitted on behalf of petitioner that petitioner has committed no office. It is further submitted that petitioner has filed a complaint petition, vide C.A. No. 1133 of 2019, against informant and 14 others alleging therein that petitioner was forcibly married with informant and in retaliation, the

Patna High Court CR. MISC. No.44684 of 2019(4) dt.20-02-2020 2/2 aforesaid case has been filed. Petitioner is having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Abadpur P.S. Case No. 79 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his 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.) anay U T