Masiullah Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50783 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -MAHILA PS District- AURANGABAD ====================================================== Masiullah Ali son of Late Md. Neyaz Resident of village Satuwarganj Mohania, P.S. Mohania, District Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Aurangabad Sadar Mahila P.S.Case No.08 of 2016 registered for offences punishable under Sections 406/34 of the Indian Penal Code and 3⁄4 Dowry Prohibition Act.

Allegation against the petitioner is under Section 3⁄4 of Dowry Prohibition Act as well as under Section 406 of the Indian Penal Code and further allegation, as per FIR is that he has taken Rs.15 lac as dowry and now he is not ready to return the money.

Submission of the learned counsel for the petitioner is that the whole prosecution case is false and concocted and nothing has occurred. The petitioner is in custody for 3 1⁄2 months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.50783 of 2017 (2) dt.18-10-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Aurangabad in connection with Aurangabad Sadar Mahila P.S.Case No.08 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T