Saddam @ Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14713 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== Saddam @ Md. Faiyaz, Son of Alam Ansari, Resident of Village - Khiriyawan, P.S. - Madanpur, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-09-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Madanpur P.S. Case No.132 of 2020 registered for the offence punishable under Sections 304B and 306/34 of the Indian Penal Code, which is pending in the court of learned C.J.M., Aurangabad.

Patna High Court CR. MISC. No.14713 of 2021(6) dt.08-09-2021 2/3 Within six month of her marriage, the victim has suffered an unnatural death at her matrimonial home. F.I.R. contains allegation regarding the demand of dowry. Postmortem report shows ligature mark spherical in shape at the middle of the front of neck, just below the hyoid region. Learned counsel for the petitioner submits that the victim, in fact, had committed suicide and the petitioner's husband has been implicated merely on suspicion.

Learned APP has opposed the prayer for bail and submitted that from the materials collected in the investigation, it is evident that the victim has suffered an unnatural death. All the ingredients of Section 304B of the I.P.C. are available as per the allegations and the materials collected during investigation. The petitioner being the husband is in custody since 06.07.2020.

Considering the rival submissions as also the facts and circumstances of this case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the learned APP. Prayer for bail is rejected, for the present.

This Court would expect that the petitioner's

Patna High Court CR. MISC. No.14713 of 2021(6) dt.08-09-2021 3/3 counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) PNM U T