Md. Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34244 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -DUMRA District- SITAMARHI ====================================================== Md. Mumtaz S/o Late Akhtar R/o Village - Basatpur, P.S. - Dumra, District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 10.05.2017 in connection with Dumra P.S. Case No. 23 of 2017 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter was married to one Md. Rafi Alam in the year 2012, but she was subjected to cruelty and torture by her in-laws and relatives and she has been killed due to non-fulfilment of demand of Rs. two lacs.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.34244 of 2017 (2) dt.08-08-2017 2/2 petitioner that he is neither the family member nor the relative of the deceased lady and just because he is on inimical terms with the informant's side, he has been falsely implicated. He submits that general and omnibus allegations have been levelled against him and that father-in-law of the deceased has since been granted the privilege of bail by this Court in Cr. Misc. No. 24933 of 2017 on 04.07.2017 and other in-laws have also been granted the privilege of anticipatory bail by a coordinate Bench of this Court. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 23 of 2017.

(Nilu Agrawal, J.) Arjun/- U T