Sk Amjad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31671 of 2021 Arising Out of PS. Case No.-511 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== 1.
SK AMJAD Son of Late Sheikh Samsul Resident of Village - Kairtiya, Baldiha, P.S.- Yogapatti (Nawalpur), Distt.- West Champaran. 2.
SK AZAZ @ SHEIK EZAZ Son of Shek Amjad Resident of Village - Kairtiya, Baldiha, P.S.- Yogapatti (Nawalpur), Distt.- West Champaran. 3.
SHAJHAD @ SK SAJID @ SHEIKH SHAJAD Son of Sheikh Shajad Resident of Village - Kairtiya, Baldiha, P.S.- Yogapatti (Nawalpur), Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2022 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioners and Mr. Pranav Kumar, learned Additional Public Prosecutor for the State.
Petitioners seek regular bail in connection with Yogapatti (Nawalpur) PS Case No. 511/2020 registered for the offence punishable under Sections 304(B)/34 of the IPC. Marriage of the informant's daughter was solemnized with the son of petitioner no.1, Sk. Amjad three years ago, and the allegation is that due to non fulfillment of the demand of dowry of Rs. 2 Lacs, the accused persons administered poison to the informant's daughter due to which she died. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.31671 of 2021(7) dt.11-04-2022 2/3 petitioner no.1 is father-in-law and petitioners no. 2 and 3 are brothers-in-law of the deceased. Learned counsel next submits that there is general and omnibus allegation against the petitioners of demand of dowry and the petitioners, being family members of the husband of the deceased, are in custody since 28.01.2021. He further submits that during course of investigation, the witnesses have stated that due to some quarrel with her husband, the deceased had consumed pesticide/poison and consumption of pesticides/poison by the deceased has been confirmed in the viscera report.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that there is general and omnibus allegation of demand of dowry against the petitioners, they are in custody since 28.01.2021, charge-sheet has been submitted in the matter and there is no likelihood that the petitioners will abscond or will tamper with the evidences, I am inclined to grant regular bail to the petitioners subject to the condition that petitioners will be well represented on each and every date in the trial and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.
Accordingly, let the petitioners, namely, 1. SK
Patna High Court CR. MISC. No.31671 of 2021(7) dt.11-04-2022 3/3 AMJAD, 2. SK AZAZ @ SHEIK EZAZ, and 3. SHAJHAD @ SK SAJID @ SHEIKH SHAJAD be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti (Nawalpur) PS Case No. 511/2020. (Anil Kumar Sinha, J) perwez U T