Masir Alam @ Nasir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.915 of 2025 Arising Out of PS. Case No.-77 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Masir Alam @ Nasir Alam Son of Late Manjoor Alam @ Mansur Alam Resident of village -Mansi chapra,PS - Chakia, District -East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Adv For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chakiya P.S. Case No. 77 of 2024 registered for the offences punishable u/s 302, 201 read with Section 34 of the I.P.C.

3. As per the prosecution case, the informant's sister was married to the petitioner around ten years ago and the petitioner used to torture the informant's sister since marriage due to which, Afsana Khatun (informant's sister) had filed a case u/s 498A of the I.P.C. against the petitioner. It was also alleged that on 11.03.2024, the informant came to know that the named accused persons including the petitioner have killed his sister. Accordingly, the present FIR has been lodged.

Patna High Court CR. MISC. No.915 of 2025(6) dt.17-06-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner, who is the husband of the deceased, has falsely been implicated in this case. It is further submitted that during the course of investigation, all the independent witnesses have disclosed that the deceased had committed suicide and when the police arrived, the door was locked from inside and the police entered the room after breaking the door and found the body hanging. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 31.03.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner is the husband of the deceased and there is specific allegation against him of killing the sister of the informant, hence, he does not deserve the liberty of bail.

6. Considering the aforesaid submissions of the parties and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, in connection with Chakiya P.S. Case No. 77 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

Patna High Court CR. MISC. No.915 of 2025(6) dt.17-06-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T