Patna High CourtCR. MISC./35946/2020bail rejected

Md. Sakhbul @ Md. Sakbul v. The State Of Bihar

2021-06-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35946 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- KRITYANAND NAGAR District- Purnia ====================================================== MD. SAKHBUL @ MD. SAKBUL Son of Late SK. Panchu, Resident of Village- Mohammadpur, P.O.-Gokulpur, P.S.- K. Nagar (Champa Nagar), District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parth Gaurav, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in K. Nagar (Champa Nagar) P.S. Case No.65 of 2020 registered under Sections 304B and 34 of the Indian Penal Code. The informant (brother of the deceased) alleged that his sister was married on 05.05.2019 with Md. Sahil (son of the petitioner). After marriage, the husband of the deceased and her father-in-law began to demand of Rs.50,000/- but due to nonfulfillment of demand of dowry, his sister was killed. Learned counsel for the petitioner submits that the petitioner is the father-in-law of the deceased. The Inquest Report shows that the deceased died of hanging. There is no other material to show that the petitioner subjected his daughter-

Patna High Court CR. MISC. No.35946 of 2020(4) dt.29-06-2021 2/2 in-law to any sorts of torture or played any part in killing his daughter-in-law.

From perusal of the case-diary, it appears that the deceased died within one year of her marriage with the son of the petitioner and only the petitioner and his son were present inside the house.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the regular bail of the petitioner on its own merit without being prejudiced from the order of this Court and, if possible, dispose of the bail petition of the petitioner preferably on the same day. (Prabhat Kumar Jha, J) Harish/- U T