Salamuddin Miyan @ Salauddin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6104 of 2020 Arising Out of PS. Case No.-140 Year-2019 Thana- PANAPUR District- Saran ============================================== SALAMUDDIN MIYAN @ SALAUDDIN MIYAN Son of Tabarak Miya Village - Dhenuki, P.S. - Panapur, District - Saran at Chhapra ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Binod Kumar ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, who is in custody since 04.10.2019 seeks bail in connection with Sessions Trial No. 647/2019 arising out of Panapur P.S. Case No. 140 of 2019 dated 13.07.2019, which was initially instituted for the offences under Sections 341, 323, 307 and 498A/34 of the Indian Penal Code but later, after death of the deceased, Section 304(B) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act were added.

It has been urged on behalf of the petitioner that he is the elder brother of the husband of the deceased. It has

Patna High Court CR. MISC. No.6104 of 2020(3) dt.08-06-2020 2/2 also been stated that the occurrence is dated 09.06.2019 but the complaint was filed on 25.06.2019. The allegations in the First Information Report are vague and omnibus and only because the petitioner happens to be brother of the husband of the deceased, he has been made accused in this case. It has also been urged that petitioner stays separately from Guddu Miyan, who is husband of the deceased and who had married the deceased of his own volition. Considering the aforementioned facts, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.- XI, Saran at Chapra in connection with Sessions Trial No. 647/2019 arising out of Panapur P.S. Case No. 140 of 2019.

(Ashutosh Kumar, J) sunilkumar/- U T