Patna High CourtCR. MISC./11520/2019bail granted

Md. Niyaz @ Md. Niyaj v. The State Of Bihar

2019-04-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11520 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Md. Niyaz @ Md. Niyaj Son of Md. Isa Khan Resident of Mohalla- Shiksha Colony, Police Station- K Hat, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 304(B)/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.07.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. There is no substantive evidence to suggest his implication in the present case. The police after investigation

Patna High Court CR. MISC. No.11520 of 2019(3) dt.09-04-2019 2/2 submitted charge sheet under Section 306 of the I.P.C. The present case has been instituted due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Purnea in connection with S.T. No.446 of 2018 arising out of K. Hat P.S. case No.518 of 2018.

(Sudhir Singh, J) Narendra/- U T