Mushahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32656 of 2017 Arising Out of PS.Case No. -214 Year- 2016 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Mushahid, son of Late Hafijuddin, resident of Village- Andhasur, Police Station- Kochadhaman in the district of Kishanganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Kochadhaman P.S. Case No. 214 of 2016, registered under Sections 498(A), 304(B) and 120B/34 of the Indian Penal Code.
The accusation is that informant, Afroja Khatoon, performed the marriage of his daughter, Momina Khatoon, before six years with her villager, Murshid Alam (petitioner), but there was no issue of her daughter. Before two years, her son-in-law, Murshid Alam (petitioner) performed his remarriage with another lady. Due to that reason her son-in-law along with her mother used to torture her daughter and her
daughter was removed from her matrimonial house. Thereafter, Panchayati was arranged and pacified the matter. On 25.10.2016, in the morning, informant came to know that her son-in-law along with his family members committed the murder of her daughter and dead body was lying in Varandah. The informant claimed that her son-in-law (petitioner) and other in-laws named in the F.I.R. caused assault to her daughter and also pressed her neck.
Learned counsel for the petitioner submits that petitioner is the husband of the deceased, daughter of the informant, who died due to illness. While allegation has been made in the F.I.R. that the deceased was killed by causing assault and pressing her neck, but in the postmortem report, no any external or internal injury was found on the person of the deceased, daughter of the informant. Further submission is that petitioner is custody since 24.12.2016.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Kishanganj, in connection with S. T. No. 78 of 2017/
Kochadhaman P.S. Case No. 214 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T