Md. Khusbur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50987 of 2014 Arising Out of PS.Case No. -60 Year- 2014 Thana -BARARI District- KATIHAR ====================================================== Md. Khusbur S/o Abdul Salam Resident of Village - Kathautia, P.S. - Barari, District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ataur Rahman For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner. Nobody appears on behalf of the State to oppose the prayer for bail of the petitioner.

The petitioner seeks regular bail in connection with Barari P.S. Case No. 60 of 2014 for the offences punishable under Sections 304 (B)/34 of the Indian Penal Code. From the First Information Report, it transpires that the petitioner is the husband of the deceased lady. The informant is the brother of the deceased lady who has alleged that the petitioner along with his kins has committed the murder of his sister (deceased lady). There is also allegation of non fulfillment of dowry demand.

The learned counsel for the petitioner has submitted that the eye witnesses, as mentioned in the First

Patna High Court Cr.Misc. No.50987 of 2014 (4) dt.04-03-2015 Information Report, has stated that he saw the petitioner and his kin assaulting the lady but the post mortem report (Annexure-2) does not support the said fact as there is no external injury found. It has been further submitted by the learned counsel that while the petitioner was in field, got the information of the death of his wife he was shocked and on the next day he surrendered. It has also been submitted that the petitioner has got two children and has been in custody since long.

After considering the facts and circumstances of the case and submissions on behalf of the petitioner, this Court is not inclined to enlarge the petitioner on bail.

Therefore, the prayer for bail of the petitioner is rejected. (V. Nath, J) Devendra/- U T