Mudassir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1380 of 2022 Arising Out of PS. Case No.-75 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== MUDASSIR ALAM SON OF MOJIBUR RAHMAN R/O VILLAGEKOLHA WARD NO. 8, P.S.- KOCHADHAMAN, DIST.- KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rina Sinha, APP For the Informant :

Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 313, 314 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant who was married to the petitioner as per Muslim rites and customs was regularly tortured and assaulted for non fulfillment of demand of dowry. It is stated that as a result of forcibly making her consume medicines for carrying out abortion that she bled to death.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.1380 of 2022(5) dt.06-01-2023 2/3 that the petitioner has been falsely implicated in the case only for the reason of his being the husband of the deceased. The allegations are false and concocted. From the postmortem report it would transpire that no external injury was found on the body of the deceased. The petitioner is in custody since 6.4.2021, charge has been framed in the case and he undertakes to cooperate in the trial.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that there is direct allegation against the petitioner in the FIR which is supported from the material which has transpired in the investigation including the inquest report as also the postmortem report. Once the petitioner is enlarged on bail, he will not let the trial proceed.

Having heard learned counsel for the parties and taking into consideration the submissions made, the nature of allegation, contents of the postmortem report, the petitioner having remained in custody for 1 year 9 months since 6.4.2021 and charge having been framed in the learned trial court, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 80 of 2021 (arising out of Kochadhaman P.S.

Patna High Court CR. MISC. No.1380 of 2022(5) dt.06-01-2023 3/3 Case no. 75 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge 1st - cum - Special Judge, Kishanganj on the following conditions:- (I) The petitioner shall remain physically present in court on each date of the trial and shall cooperate in the trial. (II) In case the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Spd/- U T