Md. Jahangir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73975 of 2022 Arising Out of PS. Case No.-76 Year-2020 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Jahangir Sah S/o Md. Jiaudin Sah R/o Village- Baheri, P.S.- Baheri, Distt- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Fatima Khatoon W/o Md. Jahangir Sah R/o Village- Baheri, P.S.- Baheri, Distt- Darbhanga, at present D/o Md. Sabir Sah, R/o Village- Mokrampur, P.S.- Sakri, Distt- Madhubani.

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

For the Petitioner/s :

Mr. Gagandeo Yadav Mr. Ravi Prakash, Advocates For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 05.09.2022, in connection with Complaint Case No. 76 of 2020, dated 23.01.2020 registered for the offences punishable under Sections 341, 323, 379, 498(A), 504, 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of committing torture for non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.73975 of 2022(2) dt.13-04-2023 2/3 implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner is ready to keep the complainant with full dignity and honour and the petitioner is in custody since 05.09.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Complaint Case No. 76 of 2020, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.73975 of 2022(2) dt.13-04-2023 3/3

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T