Imtyaj Faruki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22705 of 2015 Arising Out of PS.Case No. -172 Year- 2013 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Imtyaj Faruki Son of Chhote Pentor resident of village - Idgah Muhallah, Dehri, P.S. Dehri, District - Rohtas .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the victim is languishing in custody since 18.12.2014 in a case registered for the offences punishable under Section 341, 323, 504, 498A of the Indian Penal Code. Subsequently, section 304B/34 IPC was also added.
The accusation is of killing the sister of the informant for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioner that as per own admission of the informant the sister of the informant was married to the petitioner eight years prior to her
Patna High Court Cr.Misc. No.22705 of 2015 (2) dt.13-07-2015 2/2 death, hence, the case does not come within the purview of Section 304B of the IPC. Moreover, the admission of the informant also reflects that the victim died at her parents' house and only accusation against the petitioner is that he failed to give money for providing adequate medical treatment. Post-mortem report does not reflect any external injury and the cause of death has not been ascertained hence viscera has been preserved. Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 172 of 2013.
(Dinesh Kumar Singh, J) DKS/- U T