Taj Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77627 of 2018 Arising Out of PS. Case No.-287 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Taj Mian S/o Niroj Mian @ Nurbada Miyan, R/o Vill.- Donwar Birti, P.S.- Sanicahari (Yogapatti), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No.-7, Advocate For the Opposite Party/s :

Mr.Sri Ram Priya Saran Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Yogapatti (Sanichari) P.S. Case No. 287 of 2018 registered for the offences punishable under Sections 341, 323, 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Informant in her fardbeyan has alleged that her husband (petitioner) along with family members assaulted her and also tried to set her ablaze due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is husband of the

Patna High Court Cr.Misc. No.77627 of 2018(2) dt.02-01-2019 2/2 informant. Petitioner has no criminal antecedent and is in custody since 28.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon 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, Bettiah West Champaran, in connection with Yogapatti (Sanichari) P.S. Case No. 287 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T