Md. Ajaj Ahmad @ Ajaj Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76518 of 2018 Arising Out of PS. Case No.-13 Year-2016 Thana- BASANTPUR District- Siwan ====================================================== MD. AJAJ AHMAD @ AJAJ AHMAD Son of Mumtaj @ Mumtaj Ahmad Resident of Village-Madarpur,Police Station Basantpur Lakdi Nabiganj,Distt.- Siwan.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Irshad Ahmad Khan For the Opposite Party/s :
Mr.Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.
The petitioner seeks bail in S. Tr. No. 561/2017, arising out of Basantpur P.S. Case No. 13/2016, instituted for offences under Section(s) 304(B), 201 and 120(B) of the Indian Penal Code.
Petitioner is husband of deceased.
It is alleged in the written report that deceased (daughter of informant) was married with this petitioner on 30.06.2011. Out of their wedlock, one daughter was born. After birth of baby, all the accused persons along with this petitioner started torturing the daughter of informant and demanded Rs. 2 lacs to be deposited in the name of newly born baby. It is
Patna High Court CR. MISC. No.76518 of 2018(3) dt.06-03-2019 2/3 alleged that on 24.01.2016, all the accused persons killed the daughter of informant and buried her dead body without information to the informant. The informant received message on 27.01.2016 then he along with other family members went to the Sasural of his daughter. The informant enquired about his daughter and asked as to why they have buried the dead body of his daughter then accused persons became furious and they took the thumb impression of informant on plain paper. Learned counsel for the petitioner has submitted that during investigation witnesses have stated that dead body of the deceased was buried in presence of villagers and family members of the deceased.
The police after investigation submitted final form in this case and recommended to proceed under Sections 182 and 211 of the Cr.P.C. against the informant.
The Court below took cognizance against this petitioner for offence under Section 304 (B) of the Indian Penal Code.
Learned counsel for the informant has opposed the prayer for bail of the petitioner.
Petitioner is in custody since 04.10.2018.
Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.76518 of 2018(3) dt.06-03-2019 3/3 prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Sessions Judge, Siwan in connection with S. Tr. No. 561/2017, arising out of Basantpur P.S. Case No. 13/2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T