Md. Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18868 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- JIYAPOKHAR District- Kishanganj ====================================================== MD. DILSHAD Son of Lataful Resident of Village - Ziapokhar, P.S.- Ziapokhar, Distt - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 304(B)/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There

Patna High Court CR. MISC. No.18868 of 2020(2) dt.10-06-2020 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. A petition has been filed in the court below where the victim retracted from her earlier statement made in the F.I.R. The said petition filed in the court below is Annexure 2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Jiyapokhar P.S. case No.17 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T