Jamil Akhtar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.30489 of 2017 (4) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30489 of 2017 Arising Out of PS.Case No. -59 Year- 2014 Thana -TEDHAGACHH District- KISANGANJ ======================================================

1. Jamil Akhtar Son of Late Bhadu

2. Sabar Alam Son of Jamil Akhtar Both are residents of Village - Bhag Jhunki, Police Station - Terhagachh in the district of Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioners and the State. The petitioners seek bail in Terhagachh P.S. Case No. 59 of 2014 instituted for the offence under Sections-304B/34 of the Indian Penal Code.

It has been submitted that petitioners are father-in-law and husband of the deceased. The mother in law has already faced trial and acquitted in Sessions Trial No. 144 of 2015, in which, the informant did not support the case.

Counsel for the petitioners has submitted that the deceased committed suicide which will also be apparent from the postmortem report. The doctor has found ligature mark in the upper part of the neck. The cause of death was found to be asphyxia and shock. It is alleged in the written report that on the date of occurrence, the victim girl (since deceased) wanted to see the dead body of her Mausa which was opposed by her mother-in-law and on account of which, altercation took place and thereafter, she committed suicide. The informant got

Patna High Court Cr.Misc. No.30489 of 2017 (4) dt.27-07-2017 information on telephone that his daughter has died. Case diary has been received.

The witnesses in paras-22, 23 & 24 have also stated that the victim girl committed suicide and the husband at that time was working in Gujrat.

In such circumstances, prayer for bail is allowed the petitioners named above are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Terhagachh P.S. Case No. 59 of 2014 to the satisfaction of Sri K.K. Choudhary, learned Judicial Magistrate-Ist Class, Kishanganj subject to condition that both the bailors should be local.

(Sanjay Priya, J) A.K.V./- U T