Mojib @ Md. Mojib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5576 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Mojib @ Md. Mojib, Son of Late Sattan Ali, resident of Sarti Kamati, Police Station- Terhagachh District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the State : Ms. Gulnar Begum, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 21.08.2017 in connection with Terhagachh P.S. Case No. 64 of 2017 registered for the offences punishable under Sections 302 of the Indian Penal Code.

Diary in the present case was called for which has since been received.

After hearing learned counsel for the petitioner and learned counsel appearing on behalf of the State, it appears that chargesheet has now been submitted under Section 306 of the Cr. P.C. It further appears that the deceased was the third wife of the petitioner and there was some dispute between them since long and it was only out of frustration as has come in the case diary that she committed suicide.

Considering the fact that the petitioner being in

Patna High Court Cr.Misc. No.5576 of 2018 (3) dt.20-02-2018 2/2 custody for the past six months, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Kishanganj, in connection with Terhagachh P.S. Case No. 64 of 2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T