Md. Reyazuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9446 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- HIRAMMA P.S. District- Sheohar ====================================================== MD. REYAZUDDIN Son of Late Samsul R/v- Bankul, Ward No. 09, P.S.- Hiramma, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, one local Chaukidar got information that the petitioner has killed his wife namely, Fatima Khatoon with the help of his mother and is taking away dead body from his house with a view to conceal. On this information, the informant went at the house of the petitioner to verify the information and saw that the petitioner is taking away dead body out side his house and villagers are protesting for the same. Petitioner was stopped by the informant, in the meantime police official came there and took dead body and was sent for

Patna High Court CR. MISC. No.9446 of 2023(3) dt.07-07-2023 2/3 Postmortem.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner's father died about one year ago, leaving his widow wife and three unmarried daughters behind him, to whom petitioner has to maintain and has to marry the unmarried sisters for which the deceased was not ready and always used to pressurize the petitioner to live with her parents in Chhatishgarh after leaving his old mother and unmarried sisters but the petitioner was not ready for that as a result of which, she committed suicide. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. Marriage was solemnized between the petitioner and the deceased eight years ago and the Postmortem report shows that death is caused by Asphyxia due to hanging. He is languishing in judicial custody since 07.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner

Patna High Court CR. MISC. No.9446 of 2023(3) dt.07-07-2023 3/3 on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Hiramma P.S. Case No. 70 of 2022.

(Sunil Kumar Panwar, J) arish/- U T