Moinul Haque v. The State Of Bihar

Patna High Court Cr.Misc. No.14213 of 2017 (2) dt.07-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14213 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -BALRAMPUR District- KATIHAR ====================================================== Moinul Haque, S/o Late Abdul Haque, Resident of Village- Salernpur Siro Tola, P.S.- Balrampur, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Balrampur P.S.Case No.131/16 registered under Section 304(B)/34 of I.P.C. The accusation is of killing of the sister of the informant due to non-fulfillment of the dowry demand within three years of her marriage.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not present at the house at the time of occurrence.

Order dated 20.01.2017 passed in B.A.No.1735 of 2016 by the Sessions Judge, Katihar, rejecting the prayer of bail of the petitioner shows that in P.M.report cause of death is shown

Patna High Court Cr.Misc. No.14213 of 2017 (2) dt.07-04-2017 as asphyxia due to throttling.

Having regard to facts and circumstances of the case and the nature of offence, I am not inclined to grant bail to the petitioner. The prayer for bail is, accordingly, rejected. (Rajendra Kumar Mishra, J) AnilKrSinha/- U