Wasim Siddique And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9028 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

WASIM SIDDIQUE and Anr Son of Late Samsuddin Siddique Residents of Village- Bisheni Kala, Police Station- Rajpur, District- Rohtas at Sasaram. 2.

Salim Siddique Son of Late Samsuddin Siddique Resident of VillageBisheni Kala, Police Station- Rajpur, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Nasriganj (Rajpur) P.S. Case No. 36 of 2018 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Informant is the father of deceased, who, in his written complaint has stated that marriage of her daughter was solemnized with brother of the petitioners and her husband had gone to Ludhiana for livelihood. Thereafter she was being tortured by petitioners and other co-accused for non-fulfillment of demand of dowry. On 20.02.2018 at about 3.00 AM he got information that his daughter has died.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.9028 of 2019(3) dt.03-04-2019 2/3 petitioner are Devar of the deceased. There is no specific allegation against petitioners. It has been further submitted that petitioner No. 1 has informed the informant about his daughter's death. Deceased has committed suicide because after marriage, she wanted to live in her parental house but her parents forced her to live at her Sasural. Petitioners have no concern with family affairs of deceased as they reside separately. Deceased died of illness. Petitioners have no criminal antecedent and they are in custody since 20.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bikramganj (Rohtas), in connection with Nasriganj (Rajpur) P.S. Case No. 36 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed

Patna High Court CR. MISC. No.9028 of 2019(3) dt.03-04-2019 3/3 by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U T