Shekh Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69587 of 2022 Arising Out of PS. Case No.-308 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== SHEKH SADDAM HUSSAIN S/o Shekh Sohail R/v- Nimuai, P.S.- Sugauli, District- East Champaran at Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Sheela Pandey For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Sugauli P.S. Case No. 308 of 2022, registered for the offences punishable under Sections 364, 302, 201, 34 and 504 of the Indian Penal Code.

It is a case of matrimonial dispute. The petitioner is husband of the victim. The father of the victim made allegation that the accused persons had kidnapped and murdered his daughter but his daughter was recovered and the case was found true only under Section 498A of the IPC. She has submitted further that both the parties have compromised the case. The learned APP has fairly conceded that the case was

Patna High Court CR. MISC. No.69587 of 2022(3) dt.14-03-2023 2/2 found true only under Section 498A of the IPC and both the parties have compromised the case.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Sugauli P.S. Case No. 308 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) kundan/Nirmal U T