Md. Faiyaz v. The State Of Bihar

Patna High Court Cr.Misc. No.54765 of 2015 (4) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54765 of 2015 Arising Out of PS.Case No. -324 Year- 2014 Thana -DAGARUA District- PURNIA ======================================================

1. Md. Faiyaz S/o Shekha Hafiz resident of Village- Patiranga, P.s Dagarua, Dist -Purnia..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Dagarua P.S. Case No. 324 of 2014 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Shaheen, the daughter of the informant, was married about 1-2 years ago to the petitioner and allegedly, due to nonfulfillment of demand of motorcycle she was strangulated to death by the petitioner and other in-laws.

Submission is of false implication and that the petitioner was having cordial relation with his wife, no demand was ever made, the wife of the petitioner became seriously ill and in this regard due information was given to the informant but the wife of the petitioner could not be saved, the doctor has found no

Patna High Court Cr.Misc. No.54765 of 2015 (4) dt.15-02-2016 external injury on her body and further in FSL report also no poisonous substance has been found in the viscera and as such the petitioner who is suffering in custody since 09.12.2014 deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the petitioner is the husband.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Purnea in S.T. No. 148 of 2015 arising out of Dagarua P.S. Case No. 324 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T