Md. Feroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29545 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- EKANGARSARAI District- Nalanda ====================================================== Md. Feroz, Son of Md. Jhunnu Resident of Village - Jhopara Patti, West of Railway Station Ekangar Sarai, P.S.- Ekangarasari, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Ekangarsarai P.S. Case No.161 of 2018 for the offence punishable under Sections 306/34 of the Indian Penal Code. The allegation against the petitioner as per the First Information Report lodged by Md. Aslam that on 15.08.2018, the informant got telephonic information that his daughter was lying in a Government Hospital, Ekangarsarai and when the informant reached there, he found that his daughter, Gulshan Khatoon, was dead. It has further been alleged that marriage of the daughter of the informant was solemnized 12 years ago with the petitioner and the informant has suspicion and believe that all the accused persons tortured the daughter of the informant

Patna High Court CR. MISC. No.29545 of 2019(4) dt.16-08-2019 2/3 due to which she has consumed poison. It has further been alleged that the son-in-law of the informant is having some illicit relation with another lady and that may be cause for incident.

Learned counsel for the petitioner submits that petitioner is innocent inasmuch as along with the petitioner all family members have been implicated in this case. Learned counsel further submits that marriage was taken 12 years back and there is no allegation of any torture in between the date of death and the date of marriage and it appears that the petitioner has not played any role in the suicide committed by the deceased. Learned counsel further submits that no suicidal note has been left by the deceased and in the entire investigation, the same has not been found by the police.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there was no complaint whatsoever prior to the suicide committed by the deceased and the marriage was solemnized 12 years back and no suicidal note has been found by the police, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed

Patna High Court CR. MISC. No.29545 of 2019(4) dt.16-08-2019 3/3 to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hilsa, Nalanda, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T