Md. Gulab v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66971 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SIMRI DistrictDarbhanga ====================================================== Md. Gulab Son of Alijan Resident of Village- Dhoghra,Police Station Jallay, Distt.-Darbhanga ... ... Petitioner

Versus

1. The State of Bihar.

2. Arfa Rahmat D/o of Rahmat Ansari Resident of Village-Bastwara,Police Station Simri,Distt.-Darbhanga ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mazharul Hassan, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A) and 376 of the Indian Penal Code registered in connection with Simri P.S. Case No. 12 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the petitioner is not named in the F.I.R., merely because he happens to be the husband of the informant. It is submitted that a bare perusal of the F.I.R. will disclose that the ingredients of the offences alleged against the petitioner are not made out and the thrust of accusation is against the F.I.R. named accused Md. Alijan. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.66971 of 2018(2) dt.04-01-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateVI, Darbhanga in connection with Simri P.S. Case No. 12 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further 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) The petitioner shall cooperate 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) Ibrar/ U U