Md. Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56172 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- PIPRA District- Supaul ====================================================== Md. Allauddin, Son of Md. Balakat, R/o vill - Maichanda, ward no. 07, P.S. - Pipra, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Pipra P.S. Case No.70/2023, lodged on 05.03.2023 under Sections 302/304B of the Indian Penal Code.

3. As per the prosecution, the allegation against the petitioner and his family member is that the informant's sister was married with the son of the petitioner and all the accused persons, including the petitioner, has killed the informant's sister for non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The antecedent of the petitioner is clean and he is in custody since 06.03.2023. There is no specific allegation against the petitioner

Patna High Court CR. MISC. No.56172 of 2023(2) dt.30-08-2023 2/3 being father-in-law of the victim and he claims to reside separately from his son. The husband of the victim is already in custody.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Supaul, in connection with Pipra P.S. Case No.70/2023, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.56172 of 2023(2) dt.30-08-2023 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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. (Dr. Anshuman, J) Ashwini/- U T