Md. Bilal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.470 of 2015 Arising Out of PS.Case No. -267 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Bilal son of Md. Asmat resident of Mohalla - Ashanandpur, P.S. University, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar-I (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kotwali (University) P. S. Case no. 267 of 2014 for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code and chargesheet has been submitted under Sections 304B and 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that Anuradha Jana, aged about 32 years, had performed love marriage with a covillager, namely, Saroj Kumar Jana and out of their wedlock two sons, namely, Sagar Jyoti and Samram Jyoti were born but due to differences divorce had taken place between them. Later on, the deceased used to talk to the petitioner Md. Bilal and went to Mumbai with him and in January, 2012 she married the petitioner. The petitioner snatched the ornaments of the deceased worth Rs. 2 lacs and used to torture her. Later on, the informant came to know that the petitioner and his relatives

Patna High Court Cr.Misc. No.470 of 2015 (3) dt.09-03-2015 2/2 caused the death of the deceased when she was living at her inlaw's house at Bhagalpur. Learned counsel for the petitioner submits that only allegation has been made and there is no eye witness to the occurrence. The medical report shows that the cause of death is asphyxia and venous congestion due to hanging and it appears that she might have committed suicide. The petitioner has no criminal antecedent. After investigation, chargesheet has already been submitted and there is no chance of tampering with the witnesses. The petitioner is in custody since 1.5.2014. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Bhagalpur, in Kotwali (University) P. S. Case no. 267 of 2014 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T