Md. Sahzade @ Sahzada Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61201 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -KURTHA District- JEHANABAD ====================================================== Md. Sahzade @ Sahzada Alam, Son of Maulvi Ahmad, resident of Village/Mohalla + P.O.- Kurtha, Police Station- Kurtha, District- Arwal. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kurtha P.S. Case No. 85 of 2017 instituted for the offence under Sections 306, 328 and 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that there is allegation against Md. Khalid of having illicit relationship with daughter of the informant. It has further been submitted that Panchayati was held in the house of Khurshid Malick where all the members agreed to perform marriage of Md. Khalid with the daughter of the informant. But the mother, father, brother and two Mamas of Md. Khalid were not ready to perform marriage. It is alleged that they abated daughter of the informant Tabassum Praveen to consume poison. The mother of Khalid gave two tablets of poison, which she consumed. Thereafter, she became unconscious. She was carried to
Patna High Court Cr.Misc. No.61201 of 2017 (3) dt.07-02-2018 2/2 Sadar Hospital Jehanabad, where she died. The petitioner is said to be Mama of Md. Khalid. There is general and omnibus allegation against him.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kurtha P.S. Case No. 85 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and
(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T