High Court Patna High Court - Orders

Seraj Ahmad vs State Of Bihar on 29 June, 2010

Patna High Court – Orders
Seraj Ahmad vs State Of Bihar on 29 June, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr. Misc. No.21372 of 2010
                        SERAJ AHMAD son of Babujan Ahmad
                                       Versus
                                 STATE OF BIHAR
                                      -----------

2/ 29.06.2010 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 498-A, 304/34 of the Indian Penal Code.

Even though the informant initially alleged that her

daughter has been killed by her in-laws for ends of dowry but later on

she filed a petition in the court below on 9.11.2009 that she had filed

the present case on misconception.

In view of such, let the petitioner, above named, be

released on bail on furnishing bail bond of Rs.5,000/- (five thousand)

with two sureties of the like amount each to the satisfaction of the

Chief Judicial Magistrate, Bhabua, in connection with Durgawati P.S.

Case No. 137 of 2009, subject to the conditions (i)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 bailors will undertake to furnish information to the court about

any change in the address of the petitioner,(ii)That the petitioner will

give an undertaking that he will receive the police papers on the given

date and be present on date fixed for charge and if he fails to do so on

two given dates and delays the trial in any manner, his bail will be

liable to be cancelled for reasons of misuse.

The Magistrate before releasing the petitioner on bail will

issue notice the informant and confirm that she had filed the petition

dated 9.11.2009 out of her own sweet will and without any coercion.

JA/-                                                  (Anjana Prakash, J.)