Nijamuddin @ Nijamuddin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47674 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- KHAIRA District- Saran ====================================================== Nijamuddin @ Nijamuddin Khan, S/o Manaur Hussain, R/o Village- Katesar, P.S.- Khaira, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Adv For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Khaira (Nagara) P.S. Case No. 70 of 2018 registered for the offence punishable under Section 498A, 323, 354, 307, 436, 427, 504, 506 and 120B of the Indian Penal Code. Allegation against the petitioner is of assaulting the complainant and his father by means of lathi, danda and also destroying the household property.

Petitioner is Father-in-Law of complainant. Complainant has filed complaint which was referred to police under Sections 156(3) of the Cr.P.C by CJM, Saran at Chapra upon which Khaira (Nagara) P.S. Case No. 70 of

Patna High Court Cr.Misc. No.47674 of 2018(4) dt.18-09-2018 2/3 2018 dated 31.03.2018 under Section 498A and allied sections were registered.. There is no injury report in the entire case diary. One Quamudin who has sustained injury is of superficial nature. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-X, Saran at Chapra, in connection with Khaira (Nagara) P.S. Case No. 70 of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the

Patna High Court Cr.Misc. No.47674 of 2018(4) dt.18-09-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U