Patna High CourtCR. MISC./36322/2018bail granted

Md. Gaisul v. The State Of Bihar

2018-06-28Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36322 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- KHAZANIHAT District- Purnia ====================================================== Md. Gaisul, Son of Md. Mahiuddin @ Md. Mohiuddin Alam, Resident of Village- Kolitola, P.S. K. Hat (Madhubani), District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. N.K. Agrawal, Senior Advocate Mr. Vijay Anand, Advocate For the State :

Mr. Ajay Kumar No.I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with K. Hatt (Madhubani) P.S. Case No.39 of 2018, giving rise to Sessions Trial No.146 of 2018 registered under Section 304(B) of the Indian Penal Code.

Allegation in brief is that the petitioner's marriage was performed with the daughter of the informant five years back and it is alleged that the petitioner used to abuse and torture her, information was given by the brother of the petitioner that she had sustained burn injuries and was being treated in Sadar Hospital.

Learned counsel for the petitioner submits that there is no allegation in the FIR that any demand of dowry was made by

Patna High Court Cr.Misc. No.36322 of 2018(2) dt.28-06-2018 2/2 the petitioner and torture was committed in that connection, she met with an accidental fire and was brought to the hospital for treatment but succumbed to the injury and out of the wedlock there are three children.

Having considered the aforesaid facts and circumstances, petitioner Md. Gaisul is directed to be released 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 Sessions Judge, Purnea in connection with K. Hatt (Madhubani) P.S. Case No.39 of 2018.

(Arun Kumar, J) S.KUMAR/- U T