Patna High CourtCR. MISC./9715/2019bail granted

Bablu @ Rafi Alam @ Md. Bablu v. The State Of Bihar

2019-04-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9715 of 2019 Arising Out of PS. Case No.-334 Year-2018 Thana- BIHTA District- Patna ====================================================== Bablu @ Rafi Alam @ Md. Bablu Son of Md. Nizam R/o village- Simari, Bahpura, P.S- Bihta, Dist- Patna, at present residing at Sadaquat Ashrram Kabristan , P.S- Patliputra, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The petitioner had entered into love marriage with the sister of the informant in the year 2006. The petitioner has two children from the deceased. After sometime, some dispute arose and the petitioner married with another lady. Subsequently, the first wife died and allegation is that her death was result of non-fulfillment of the dowry demand. Submission is that there is no direct evidence of demand of dowry and torture. The doctor has not found any

Patna High Court CR. MISC. No.9715 of 2019(3) dt.30-04-2019 2/2 external injury except a ligature mark on the person of the deceased. Petitioner is in custody since 20.09.2018. Investigation of the case is already complete. Considering the entire facts, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bihta P.S. Case No.334 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T