Bahauddin @ Bahauddin Sekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76116 of 2018 Arising Out of PS. Case No.-559 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== BAHAUDDIN @ BAHAUDDIN SEKH, son of Sarafat Hussain, R/o Birnabari, P.O. Piprithan, P.S. Kurlikot, District- Kishanganj (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bajarangi Lal For the Opposite Party/s :

Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kishanganj P.S. Case No. 559 of 2018 registered for the offence punishable under Sections 302, 201, 379, 34 of the Indian Penal Code.

Informant has alleged in his written complaint that on 31.08.2018 his sister became traceless with cash of Rs. 30,000/- and ornaments from the house and on 02.09.2018 he was informed that she has been murdered and thereafter case was instituted. The name of petitioner has surfaced in this case on the basis of mobile number from which he had talked with the deceased and except said conversation on mobile of the

Patna High Court Cr.Misc. No.76116 of 2018(2) dt.18-12-2018 2/2 petitioner, there is no other incriminating material against petitioner. He has been made accused only on the basis of suspicion. Petitioner has no criminal antecedent and he is in custody since 12.09.2018.

Considering the aforesaid facts 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 Addl. District & Sessions Judge-I, Kishanganj, in connection with Kishanganj P.S. Case No. 559 of 2018subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T