Manir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74508 of 2019 Arising Out of PS. Case No.-2410 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Manir Alam aged about 46 years, Gender Male, Son of Soberati Miyan Resident of Village - Sakhe Ramdas, P.S.- Uchchkagaon, Distt.- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushbun Nesha W/o Amir Alam, D/o Late Mahmuddin Miyan, Resident of Village - Sakhe Ramdas, P.S.- Uchchkagaon, Distt.- Gopalganj. At Present residing at Village - Mahuawa, P.S.- Kuchaykot, Dist.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Ms.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Complaint Case No. 2410 of 2017, corresponding to Trial No. 1838 of 2019, registered for the offence under Sections 498A, 406 & 509 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

As per prosecution case, the complainant was ousted from her matrimonial home due to non-fulfillment of demand of Rs. 50,000/- (fifty thousand) and a motorcycle by her in-laws members and petitioner is elder brother of husband of the complainant (HkSalqj).

Patna High Court CR. MISC. No.74508 of 2019(2) dt.13-02-2020 2/2 It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and he has got no connection with the affairs of matrimonial life of his brother. It is further submitted that there is general and omnibus allegation. Petitioner is having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Gopalganj in connection with Complaint Case No. 2410 of 2017 (corresponding to Trial No. 1838 of 2019) on the following conditions:

"(1) Petitioner shall cooperate 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 the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T