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Patna High CourtCR. MISC./75092/2018bail granted

Md. Jaffi v. State Of Bihar And ANR

2018-12-17Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75092 of 2018 Arising Out of PS. Case No.-99 Year-2017 Thana- MAHILA P.S. District- Bhojpur ====================================================== Md. Jaffi, S/o- Md. Islam, resident of Village- Garhani, P.S.- Charpokhari, District- Bhojpur at Ara.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sahiba Perween, D/o- Md. Shakoor, At present resident at Village- Kagazi Mohalla Danapur Cantt, P.S.- Danapur, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiva Ranjan For the Opposite Party/s :

Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bhojpur Mahila P.S. Case No. 99 of 2017 registered for the offence punishable under Sections 341, 323, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against petitioner is of assaulting and torturing the informant for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case at the instance of her father. Petitioner is the husband of informant and he is ready to keep his wife with full honour and dignity.

Patna High Court Cr.Misc. No.75092 of 2018(2) dt.17-12-2018 2/2 Petitioner has no criminal antecedent and he is in custody since 23.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhojpur, in connection with Bhojpur Mahila P.S. Case No. 99 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) veena/- U T