Nur Alam @ Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75390 of 2019 Arising Out of PS. Case No.-515 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== NUR ALAM @ NOOR ALAM Son of Sukat Miyan Resident of Ward No.05, Village Chailahan Mauja P.S. Banjariya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Turkauliya (Banjariya) P. S. Case No. 515 of 2019 instituted for the offence under Section(s) 304B and 34 of the Indian Penal Code. Referring to the compromise petition filed in the Court below (Annexure -P/2), which is duly signed by the informant, it is submitted that the victim ( wife of the petitioner) had died on account of accidental electrocution. It was only in a rage that the informant (father of the victim) had lodged the case against the petitioner.

Earlier, this Court had called for the case diary. The cousin sister and cousin brother of the victim have stated in

Patna High Court CR. MISC. No.75390 of 2019(3) dt.17-12-2019 2/3 their depositions in paragraph nos. 57 and 60 of the case diary regarding the prosecution being lodged on misconception and that the victim had died due to accidental electrocution. The learned APP for the State is not in a position to dispute the said position in view of the statements made in paragraph nos. 57 and 60 of the case diary. The compromise duly signed by the father of the victim is also on record in the instant proceedings as Annexure -P/2. The petitioner, being the husband, is in custody since 21.08. 2019.

Considering the aforesaid, let the petitioner, above named, be 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 the Chief Judicial Magistrate East Champaran, in connection with Turkauliya (Banjariya) P. S. Case No. 515 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail

Patna High Court CR. MISC. No.75390 of 2019(3) dt.17-12-2019 3/3 bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T