Dabloo Sah @ Meraj Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.28127 of 2015 (3) dt.30-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28127 of 2015 Arising Out of PS.Case No. -39 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Dabloo Sah @ Meraj Sah S/o Nasim Sah R/o Village Dhansi, P.S. Karghar, District Rohtas.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Sinha For the Opposite Party : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 304(B) of the Indian Penal Code. It is alleged by the informant that sister Mosima Khatoon was killed by the petitioner and other co-accused for demand of cash of Rs.1,00000/- and a motorcycle as dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is said to have been made accused due to mistake of fact. The present case is said to have been instituted after forty days of the occurrence by the brother of the deceased as to when the mother of the deceased had filed a U.D. case bearing no.01 of 2014 on 05.01.2014 (on the day of occurrence itself) where she has stated that the deceased

Patna High Court Cr.Misc. No.28127 of 2015 (3) dt.30-09-2015 had died due to accidental fire. The same U.D. case is Annexure-5 to the present application.

On behalf of the State, it has been submitted that the petitioner is the husband of the deceased.

Considering the aforesaid facts and circumstances and taking into account the U.D. case has been instituted by the mother of the deceased, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 CJM, Rohtas in connection with Karghar P.S.Case No.39 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sudhir Singh, J) B.Kr./- U T