Patna High CourtCR. MISC./79184/2024bail granted

Md. Alam v. The State Of Bihar

2024-11-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79184 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- CHOUTARWA District- West Champaran ====================================================== Md. Alam Son of Md. Sheikh Bhoj R/O Vill.- Siswa Basantpur, P.S.- Chautarwa, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rashmi Jha, Mr. Abhishek Kumar, Mr. Hemant Ray, Advocates.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP For the informant :

Mr. J. K. Giri, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2024 Heard Mrs. Rashmi Jha, learned counsel for the petitioner, Mr. J.K. Giri, learned counsel for the informant and the State.

2. The petitioner is in judicial custody in connection with Chautarwa P.S. Case No. 156 of 2024 for the offences punishable under Sections 304(B), 201, 120(B) of the IPC lodged on 25.06.2024 by the informant, Najma Khatoon.

3. As per the prosecution story, the informant alleged that her daughter was married to Md. Shahid in the year February, 2024 itself but was tortured for dowry by the family members and finally information came about her death which led to the FIR.

Patna High Court CR. MISC. No.79184 of 2024(2) dt.18-11-2024 2/3

4. Learned counsel for the petitioner submits that he is the father-in-law, is living separately, had no role to play in the matter, the husband, Md. Shahid is in custody since 10.07.2024.

5. Learned counsel for the informant, on the other hand, submits that marriage took in this year itself and immediately thereafter, the torture led to her death.

6. It is unfortunate that a girl who solemnized marriage this year itself is no more. Equally unfortunate is that she was young and must have dreams in her eyes.

7. Having recorded the aforesaid facts, the second fact is that the husband having solemnized the marriage was there take care of her which he utterly failed. As submitted, he is already in custody, this petitioner is the father-in-law, 60 years of age, is in custody since 27.06.2024 (para-1 of the petition), in that background, this Court is inclined to extend him the privilege of bail.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran in connection with aforesaid P.S. Case subject to the

Patna High Court CR. MISC. No.79184 of 2024(2) dt.18-11-2024 3/3 following conditions:

(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T