Patna High CourtCR. MISC./79659/2019bail granted

Md. Atikur @ Atikur Rahman @ Atikur v. The State Of Bihar

2019-12-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79659 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MD. ATIKUR @ ATIKUR RAHMAN @ ATIKUR Son of Md. Jalaluddin Master Resident of Bhagalpuria Basti, Ward No.2, P.S.- Jokihat, DistrictAraria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar Sinha Ms. Preety Kunwar For the State :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.08.2019 in connection with Mahila P.S.Case No. 106 of 2019, G.R.No. 3228 of 2019 for the alleged offences under Sections 498A, 341, 323, 307 and 494/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the accusations of demand and torture are denied. The informant had earlier lodged Mahila P.S.Case No. 71 of 2017 with similar allegation. It is submitted that the informant is married to another man having two children from him and is not the wife of the petitioner.

4. Be that as it may, having regard to the period of custody for more than three months, 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

Patna High Court CR. MISC. No.79659 of 2019(2) dt.05-12-2019 2/2 to the satisfaction of SDJM, Araria in connection with Mahila P.S.Case No. 106 of 2019, G.R.No. 3228 of 2019 on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T