Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28144 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- POTHIYA District- Kishanganj ====================================================== 1.

SABIR Son of Late Sirajul Resident of Village - Fulhara, P.S.- Pothia, District - Kishanganj.

2.

Namida Begum @ Bano Begum Wife of Sabir Resident of Village - Fulhara, P.S.- Pothia, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 304B, 302, 120(B)/34 of the Indian Penal Code.

Allegation against the accused persons is of committing

Patna High Court CR. MISC. No.28144 of 2020(2) dt.02-11-2020 2/2 torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners are in custody since 10.01.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No. 08 of 2020.

(Sudhir Singh, J) Pankaj/- U T