Md Anwar @ Tipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34157 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Md Anwar @ Tipu Son Of Md. Akabar Resident Of Khajurbanna, Sultanganj, Ps -sultanganj, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha Mr. Ajay Kumar Prasad For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 304B and 34 of the IPC.

As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. The petitioner had solemnized love marriage with the deceased and from their wedlock a male child was born but he was suffering from heart disease and due to which the deceased was also

Patna High Court CR. MISC. No.34157 of 2023(4) dt.09-08-2023 2/2 suffering from depression and committed suicide and as per Postmortem Report, except ligature mark, no external injury was found on her body. It is further submitted that there is no prior complaint of dowry demand and ill treatment lodged against the petitioner. He has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sultanganj P.S. Case No. 271 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIV, Patna City, Patna. (Sunil Kumar Panwar, J) Manishkumar/- U T