Nasir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81553 of 2023 Arising Out of PS. Case No.-202 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== NASIR ALAM SON OF LATE HAMID MIAN RESIDENT OF VILLAGE - JAMUNIYA, WARD NO.3, P.S. - JAGDISHPUR, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarendra Nath Verma, Adv.
For the Opposite Party/s :
Mr.Madan Kumar, APP.
Mr. Ram Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in (Jagdishpur) Nautan P.S. Case No. 202 of 2023 registered for the offences punishable under Sections 304, 34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting and pressing her neck.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place.
Patna High Court CR. MISC. No.81553 of 2023(5) dt.28-06-2024 2/3 The petitioner is husband of the deceased. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that at the time of the alleged occurrence, petitioner was in Delhi. He has no concern with the alleged occurrence. He further submits that there is compromise between the parties. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. He is in custody since 10.08.2023 and the charges have already been framed against him.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. Considering the submissions made as well as the period of judicial custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jagdishpur (Nautan) P.S. Case No. 202 of 2023.
7. Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two
Patna High Court CR. MISC. No.81553 of 2023(5) dt.28-06-2024 3/3 consecutive dates on the date fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below. (Anjani Kumar Sharan, J) divyanshi/- U T