Md. Jamal Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33576 of 2021 Arising Out of PS. Case No.-180 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== MD. JAMAL SAFI Son of Md. Sabbir Safi Resident of Village - Belaha, Mushari, P.S. Babubarhi, District - Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the informant :

Mr. Ganesh Sharma, Advocate For the State :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 180/2020 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code 1860.

The prosecution case, as per the First Information Report, is that the marriage of the daughter of the informant was solemnized with the petitioner in the year 2017 and within three years of the marriage, she has been killed in her matrimonial home due to non-fulfillment of the demand of

Patna High Court CR. MISC. No.33576 of 2021(6) dt.26-04-2022 2/3 dowry.

Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and he has not committed any offence in the manner alleged. Learned counsel further submits that during course of investigation no evidence has come against the petitioner and only in the supervision note the police has stated that within seven years of marriage the daughter of the informant has died in her matrimonial home. The petitioner is in custody since 7.7.2020 and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the nature of allegation and the fact that the petitioner along with other accused persons tortured the deceased due to non-fulfillment of demand of dowry, the informant's daughter has died in unnatural condition in the matrimonial home within seven years of the marriage and there is presumption against the petitioner under Section 113-B of the Evidence Act, I am not inclined to grant regular bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner

Patna High Court CR. MISC. No.33576 of 2021(6) dt.26-04-2022 3/3 stands rejected.

However, the petitioner may renew his prayer for bail after one year if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T