Kadir Sheikh @ Md. Kadir Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26708 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== KADIR SHEIKH @ MD. KADIR SHEIKH Son of Late Jumrati Sheikh Resident of Village - Bhutahi Ward No. 5, P.S. - Sonbarsa, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that soon after her marriage the accused persons started to torture her daughter for non-fulfillment of the demand of dowry to the tune of Rs. 1 lakh and a motorcycle. Subsequently, her daughter was done to death. There was ligature mark all around her neck. The petitioner is one of the six named accused.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the cousin brother of the husband of the deceased. He lives separately and has no concern

Patna High Court CR. MISC. No.26708 of 2021(2) dt.08-12-2021 2/2 with the day to day affairs of the family of the husband of the deceased. He is in custody since 6.12.2020 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct allegation against him of having tortured and of having killed the daughter of the informant along with other accused persons. Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegation in the FIR together with the petitioner having remained in custody for 1 year, the Court directs the petitioner to be enlarged on bail in connection with Sonbarsa P.S. Case no. 219 of 2020 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 A.C.J.M- VII, Sitamarhi.

(Partha Sarthy, J) Prakash/- U