Md. Sartaj @ Md. Sartaj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85996 of 2023 Arising Out of PS. Case No.-559 Year-2020 Thana- BIHAR District- Nalanda ====================================================== Md. Sartaj @ Md. Sartaj Khan, S/O Late Seraj Khan, Mohalla- Garhpur, Ps. Bihar Town, Dist. Nalanda At Biharsharif.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Bihar P.S. Case No. 559 of 2020, registered for the offences under Sections 306/34 of the Indian Penal Code.

3. As per prosecution case, daughter of the informant committed suicide when the petitioner and his family members refused to marry the petitioner with the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. From the FIR, it is apparent that only

Patna High Court CR. MISC. No.85996 of 2023(3) dt.21-03-2024 2/3 allegation against the petitioner is that he refused to marry the daughter of the informant. Petitioner has no love affair with the daughter of the informant and false and concocted story has been made up. There is no material to show such love affair between the petitioner and the daughter of the informant. There is no specific allegation against the petitioner except that he refused to marry with the daughter of the informant and for this reason the daughter of the informant went into depression and committed suicide. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely general and vague nature of allegation against the petitioner without any substantive material and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif/court

Patna High Court CR. MISC. No.85996 of 2023(3) dt.21-03-2024 3/3 concerned in connection with Bihar P.S. Case No. 559 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T