Tabrej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13534 of 2016 Arising Out of PS.Case No. -469 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tabrej Alam son of late Md. Habib Mian .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 23.12.2015 in a case registered for the offences punishable under sections 304B, 498A and 120B of the Indian Penal Code. Prosecution case is of killing the daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the victim died on 31.05.2015 as she was suffering from diarrhea for which the father of victim lodged UD Case No. 3/2015 on 01.06.2015 alleging that the victim died due to diarrhea but after seven months, the informant filed Complaint Case No. 1518 C/2015 alleging that the victim was killed for non-fulfillment of dowry demand of motorcycle and rupees two

Patna High Court Cr.Misc. No.13534 of 2016 (3) dt.20-04-2016 2/2 lakhs, which came to registered as police case after its being transferred under section 156(3) of the Code of Criminal Procedure. During investigation the witnesses have submitted that the marriage was performed 9-10 years prior to death. On conclusion of investigation the final form has been submitted under section 306 IPC.

Considering the delayed lodging of the case, UD case lodged by the informant himself at earlier point of time and on conclusion of investigation the charge-sheet has been submitted under section 306 IPC, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with Bettiah Town (Kalibag O.P.) P.S. Case No.469/2015.

(Dinesh Kumar Singh, J) Ashwini/- U T