Ayub Alam @ Ayub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69591 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- THAKURGANJ District- Kishanganj ====================================================== AYUB ALAM @ AYUB Son of Abdul Hamid Resident of Sakin Dhumgar, P.S- Thakurganj, District- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Y Z ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.06.2019 in connection with Thakurganj P.S.Case No. 43 of 2019 for the alleged offences under Sections 341, 323, 354, 307 and 498A of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on the accusation of having dealt lathi blow on the informant's back and poured kerosene oil on her. It is submitted that there is no injury report to corroborate the accusation of assault. The petitioner was always ready to keep the informant (wife) with due dignity and honour, but she had no desire to live at her matrimonial home and for that reason she had also filed Complaint Case No. 789C/2016 earlier. The petitioner has already suffered about six months in custody. Except the complaint case, the petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be

Patna High Court CR. MISC. No.69591 of 2019(2) dt.11-12-2019 2/2 released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S.Case No. 43 of 2019, G.R.No. 593 of 2019 , on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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. (iv) 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T