Soyeb Alam @ Soheb Alam @ Soyeb Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53109 of 2019 Arising Out of PS. Case No.-1281 Year-2010 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== SOYEB ALAM @ SOHEB ALAM @ SOYEB AKHTAR Son of Nasim Akhatar Resident of Village- Dohar Kazi Basti, P.S.- Bahadurganj, DistrictKishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Samerun Nisha Wife of Soyeb Alam @ Soheb Alam @ Soyeb Akhtar, D/O Late Lukman R/o Bhauradah, P.S.- Bahadurganj District Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Complaint Case No.1281 of 2010 instituted for the offence under Section(s) 498A of the Indian Penal Code.

The petitioner was earlier granted anticipatory bail by the learned Sessions Judge on 26.9.2011 in ABP No. 341 of 2011. The bail bond of the petitioner was cancelled on 5.6.2012 and NBW was issued against him.

The petitioner is in custody since 29.4.2019 after surrender in the Court below.

This is a case of misuse of privilege of bail. This is a

Patna High Court CR. MISC. No.53109 of 2019(2) dt.27-08-2019 2/2 case registered for the offence under Sections 498A of the Indian Penal Code.

This court finds that petitioner has sufficiently been punished for the laches on his part.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM Kishanganj, in connection with Complaint Case No.1281 of 2010 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

(iii) If petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) shyambihari/- U T