Patna High CourtCR. MISC./85838/2019bail granted

Kalam Khan v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85838 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== KALAM KHAN Son of Late Ismail Khan Resident of Village - Piparpatti, Police Station - Yogapatti, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 304(B)/34 of the IPC.

Being father-in-law, petitioner is made accused in the instant case.

Counsel for the petitioner submits that petitioner is in custody since 24.07.2019 and he has no criminal antecedent. It is specific averment of the petitioner in bail petition that F.I.R has been lodged on 22.07.2018 whereas occurrence is alleged to have taken place on 12.07.2018. In between victim, daughter of the informant had undergone treatment and her statement was also recorded. In her statement victim has taken names of only two accused, other than petitioner namely, Ladli

Patna High Court CR. MISC. No.85838 of 2019(2) dt.16-01-2020 2/2 Khatoon and Majrula Khatoon. Considering this fact, prayer for bail of "Bhaisur" was also allowed in Cr. Misc. no. 46115/2019. Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Yogapatti P.S. Case no. 392/2018 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T