Abdul Wahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24933 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================
1. Abdul Wahid, Son of Late Abdul Rashid, Resident of Village Basatpur, P.S. Dumara District Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner is languishing in jail since 03.02.2017 in a case registered for offences punishable under Sections 304 (B)/34 of the Indian Penal Code.
The prosecution case as lodged by the informant is that the daughter of the informant was married to the petitioner's son Md. Rafi Alam in the year 2012 and due to non fulfillment of demand of dowry, the inlaws and husband have tortured and killed the informant's daughter.
It has been submitted by the learned counsel for the petitioner that he is innocent and being the father-in-law of the deceased, all allegations are general and omnibus. He further submits that the husband of the deceased is in custody, the petitioner has no criminal antecedent and that the mother-in-law
Patna High Court Cr.Misc. No.24933 of 2017 (3) dt.04-07-2017 2/2 has been granted anticipatory bail by a Co-ordinate Bench of this Court.
However, learned counsel for the informant submits that as per medical opinion, death occurred due to throttling and there is allegation that the petitioner being the father-in-law demand dowry for his unemployed son and the victim (deceased) was subjected to torture, hence vehemently opposes the prayer for bail.
Learned A.P.P. for the State also opposes the prayer for bail.
Considering the facts and circumstance of the case and materials on record , let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S.Case No. 23 of 2017, subject to the condition that the petitioner will appear before the learned Court below on each and every date and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Sudha/- U T