Patna High CourtCR. MISC./55414/2016bail granted

Md. Sajid v. The State Of Bihar

2017-01-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55414 of 2016 Arising Out of PS.Case No. -617 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Sajid, Son of Sheikh Mohibul, Resident of Village- Siswania, P.s.- Banjaria, District.- East Champaran .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Md. Waliur Rahman, Adv. For the Opposite Party : Mr. Chandrasen Prasad Singh, APP 151 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 302, 201, 120B and 406 of the Indian Penal Code.

The victim, Afrida @ Dinbahari, died after eleven years of her marriage in her matrimonial house. There is allegation of demand of dowry and torture for the same. The petitioner is husband.

Submission of the petitioner is that presumption of dowry death is not there and the case diary would reveal that there is no eye witness. In fact, the victim died of illness and just to put wrong pressure the present case has been lodged. The learned counsel for the State opposed the prayer. However, perusal of the case diary would show that no eye witness has supported the case.

Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)

Patna High Court Cr.Misc. No.55414 of 2016 (3) dt.28-01-2017 2/2 with two sureties of the like amount each in connection with Turkaulia P.S. Case No. 617 of 2015 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √