Faiju @ Faiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54685 of 2024 Arising Out of PS. Case No.-614 Year-2020 Thana- ARARIA District- Araria ====================================================== Faiju @ Faiyaz Son of Wajuddin Resident of Vill- Bhansia, Ward No. 8, P.S.- Jokihat, District- Araria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Araria P.S. Case No. 614 of 2020 registered under Sections 304(B), 376, 201 and 120(B) of the Indian Penal Code lodged on 06.08.2020 by the informant, Belal.
3. As per the prosecution story, the informant earlier alleged that his sister was married to one Masood Alam but was always tortured for dowry and subsequently, on 06.08.2020, her dead body in naked condition was found in a field. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is a distant relative to the in-laws, no role to play in the matter, name cropped up after ten months and others have been granted
Patna High Court CR. MISC. No.54685 of 2024(2) dt.02-08-2024 2/3 bail.
5. Learned APP for the State opposes the prayer for bail submitting that the mobile was with this petitioner.
6. Taking into account the submissions put forward by the parties as also the fact that he is not directly related to the petitioner and do not have criminal antecedent, this Court is inclined to grant him privilege of bail.
7. Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 614 of 2020 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
Patna High Court CR. MISC. No.54685 of 2024(2) dt.02-08-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U