Mintu Khan @ Babuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2245 of 2020 Arising Out of PS. Case No.-27 Year-2019 Thana- HUSSAINGANJ District- Siwan ======================================================
1. Mintu Khan @ Babuddin Son of Jahir Khan Resident of Village - Jalalpur, Police Station - M.H. Nagar, District - Siwan.
2. Jahir Khan Son of Iyayat Khan @ Imadat Khan Resident of Village - Jalalpur, Police Station - M.H. Nagar, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for regular bail has been filed by the petitioners in connection with Hussainganj (M.H. Nagar) P.S. Case no. 27 of 2019 registered for the offence punishable under sections 304B, 120B and 34 of the Indian Penal Code. As per allegation in the FIR, it is stated that the daughter of the informant was married to one Siraj Khan about three years ago and soon after the marriage the accused persons including the two petitioners herein started making demand of dowry, abusing and beating her up. It is further stated that the informant's son-in-law after altercation with his daughter went abroad from where he used to threaten that he will divorce her
Patna High Court CR. MISC. No.2245 of 2020(3) dt.20-03-2020 2/3 and will solemnize second marriage. It is finally stated that on 5.2.2019 the informant received information about the death of his daughter and on going to her Sasural found her dead. It is submitted by learned counsel for the petitioners that the petitioners are the brother-in-law (Devar) and father-in-law of the deceased. The allegations are general and omnibus in nature. It is further submitted that in course of investigation it has transpired that after conversation on phone with her husband, the daughter of the informant locked herself in a room and committed suicide. It is finally submitted that the petitioners are in custody since 31.10.2019 and have no criminal antecedent.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above as also considering the relationship between the parties together with the material that has transpired in course of investigation, this Court is inclined to enlarge the petitioners on bail. Let the petitioners, above named, be enlarged on bail in connection with Hussainganj (M.H. Nagar) P.S. Case no. 27 of 2019 on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.2245 of 2020(3) dt.20-03-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan. .
(Partha Sarthy, J) Prakash/- U