Sabir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21095 of 2018 Arising Out of PS.Case No. -446 Year- 2017 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sabir Alam, Son of Anwar Alam, Resident of Village-Maldehiya, Police Station-Harsidhi, District-East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s: Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Wife of the petitioner was found missing from Bangalore where the petitioner was normally residing in connection with his job. The FIR was lodged with allegation that wife of the petitioner was done to death for non-fulfillment of dowry demand and dead body was disposed of.

The petitioner had also filed a petition before Bangalore police regarding missing of his wife after ten days of the occurrence. Bangalore police investigated the matter and on the basis of statement of the people residing nearby found that the wife of the petitioner had voluntarily gone with some other person.

Patna High Court Cr.Misc. No.21095 of 2018 (5) dt.03-07-2018 2/2 Submission of the petitioner is that it has also come that she is presently living somewhere in Nepal and is in talking term with her father.

To counter the aforesaid submission, learned counsel for the informant submits that in the past also, the petitioner had caused burn injury to the victim and after disposal of the dead body, the petitioner lodged false information to the police that his wife is missing.

Considering the conflicting material on the point as well as completion of the investigation of this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Harsidhi Police Station Case No. 446 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T