Badal Dom @ Badal Malik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35017 of 2022 Arising Out of PS. Case No.-227 Year-2021 Thana- JAMALPUR District- Munger ====================================================== 1.
Badal Dom @ Badal Malik S/O Kahar Dom Resident Of Village- Khawa Japani, P.S.- Medni Chawki, District- Lakhsarai. 2.
Karan Dom @ Karan Malik @ Kahar Malik S/O Kahar Dom Resident Of Village- Khawa Japani,P.S.- Medni Chawki, District- Lakhisarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. The prosecution case as per F.I.R is that the informant got his two daughters married in the same family. The elder daughter of the informant namely Sarswati Devi was pregnant of eight months. It is alleged that accused persons had assaulted her at the stomach and during treatment she died. There is also
Patna High Court CR. MISC. No.35017 of 2022(3) dt.02-01-2023 2/3 accusation of demand of dowry of Rs. 20,000/- from the daughter of the informant. The petitioners are husband and brother-in-law of the deceased.
It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The victim died at her parents' house due to the complete negligence of the informant and his family members. It is also submitted that the case of the prosecution is that due to assault on the abdomen, the victim died but the postmortem report does not show any injury on the abdomen. The petitioner No. 1 is in custody since 12.12.2021 and petitioner No. 2 is in custody since 28.01.2022.
Considering the facts stated above and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the
Patna High Court CR. MISC. No.35017 of 2022(3) dt.02-01-2023 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 227 of 2021.
(Sunil Kumar Panwar, J) Shageer/- U T