Md. Meraj Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69836 of 2021 Arising Out of PS. Case No.-741 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== MD. MERAJ ALI, son of Md. Salam, resident of Chamapapur, Bakhtiyarpur, PS Phulwari Sharif, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar, Advocate Mr.Kanak Verma, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2022 Heard Mr. Akash Kumar, learned counsel for the petitioner and Mr. Bharat Bhushan, learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Phulwari Sharif P.S. Case No. 741 of 2021 for the offences under Sections 420, 406 and 376/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Provision Act.

As per the allegation in the FIR, the marriage of the informant was fixed with the petitioner and although pursuant thereto, the same was not solemnized, he kept on taking money and jewellery and also started black-mailing through the videos

Patna High Court CR. MISC. No.69836 of 2021(6) dt.29-08-2022 2/3 and photos which forced us to lodged this FIR. In the case, case diary was called for on 11.07.2022 which has since been received.

Learned counsel for the petitioner with the support of the certified copy of the deposition made by the victim lady (P.W.2) before the Trial Court has stated that she has changed the narrative from what was alleged in the FIR and that she only wanted to get the marriage solemnized.

Let the certified copy of the victim lady be kept on record.

Mr. Bharat Bhushan, learned APP for the State has gone through the certified copy of the deposition of the victim girl and has checked the same and has conceded that she has changed her narrative in the deposition vis-a-vis in the FIR. Taking into account the aforesaid fact of the deposition of the victim lady as also the fact that he is in custody since 03.09.2021 (as stated in paragraph-11 of the bail application) and he has no criminal antecedent, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of ACJM-IX, Patna in

Patna High Court CR. MISC. No.69836 of 2021(6) dt.29-08-2022 3/3 connection with Phulwari Sharif P.S. Case No 741 of 2021, 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/her bona fide;

(ii) he shall appear before the court below on each and every date failing which the bail application of the petitioner shall be cancelled;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T