Md. Reyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24900 of 2023 Arising Out of PS. Case No.-153 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Md. Reyaz Son Of Md. Hadish R/O Village- Daha Chhapra, P.O.- Dhanaiya, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saptashwa Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Sahebganj P.S. Case No. 153 of 2021 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. As per FIR the prosecution case, in brief, is that the informant's sister (deceased) got married with the petitioner in the year 2016 but petitioner along with his family members has tortured in various ways to the sister of the informant due to non-fulfillment dowry demand and ultimately on 27.03.2021, the informant came to know that his sister has been killed and hanged her using her own dupatta by her husband and his family members. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. Petitioner is the husband of the deceased and he has been falsely implicated in this

Patna High Court CR. MISC. No.24900 of 2023(4) dt.23-08-2023 2/2 case on the basis of suspicion. There is no prior complain of harassment, assaulting and torture made against the petitioner. There is no eye witness of the alleged occurrence. It is further submitted vide para 11 of the petition that the deceased was suffering from chronic depression. The postmortem report also shows that cause of death is due to hanging. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.08.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of 3rd Sessions Judge, Muzaffarpur in connection with Sahebganj P.S. Case No. 153 of 2021.

(Sunil Kumar Panwar, J) lata/- U T