Patna High CourtCR. MISC./60166/2018bail granted

Saddam Hussain v. State Of Bihar And ANR

2018-10-10Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60166 of 2018 Arising Out of PS. Case No.-252 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Saddam Hussain S/o Gulamvir Mian @ Gulampir Mian, R/o Vill.- Doribada, P.S.- Pakarideyal, District- East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ambeya Khatoon D/o Salauddin Mian, R/o Vill.- Juafar, P.S.- Chhauradano, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Trial No. 2466 of 2018 arising out of Complaint Case No. C-252 of 2017 registered for the offence punishable under Sections 323, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of torturing the complainant for non fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to to the reason that the complainant was putting pressure upon the petitioner to demand for family partition but the petitioner did not became ready for partition. It has been further submitted that

Patna High Court Cr.Misc. No.60166 of 2018(2) dt.10-10-2018 2/2 petitioner never demanded dowry or subjected her to cruelty. Petitioner has got no criminal antecedent and is in custody since 06.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Raxaul at Motihari, East Champaran in connection with Trial No. 2466 of 2018 arising out of Complaint Case No. C-252 of 2017, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the 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.

(S. Kumar, J) ranjan/- U