Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47571 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================

1. Suleman Son of Umed Ali, R/o Villgae- Bara Istambrar, P.S.- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-10-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Jokihat P.S. Case No. 93 of 2017 for offences punishable under Sections 304-B, 120-B/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his sister Bibi Rukhsar was married to one Md. Yakub 4 years back and due to non-fulfillment of demand of dowry and also for transfer of plot of land in their name, the petitioner along with others have killed the sister of the informant.

It has been submitted by the learned counsel for the petitioner that he is the cousin father-in-law of the

Patna High Court Cr.Misc. No.47571 of 2017 (2) dt.10-10-2017 2/3 deceased and has separate home and hearth with that of the in-laws of the deceased. He submits that the allegations are general and omnibus, husband of the deceased is already in custody since 03.04.2017, as stated by the petitioner in paragraph 11 of this petition, charge-sheet has already been submitted and petitioner is in judicial custody since 12.07.2017.

However, learned counsel appearing for the informant and learned APP for the State oppose the prayer for bail stating therein that 25 year old sister of the informant was killed by hanging her with electric wire for non-fulfillment of demand of dowry and also for return of the land which was executed in her name by the father-inlaw of the deceased. Considering the facts and circumstances and the materials on record and that the husband is already in custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 93 of 2017, subject to the condition that the petitioner will appear before the learned

Patna High Court Cr.Misc. No.47571 of 2017 (2) dt.10-10-2017 3/3 court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T