Md. Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24989 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -HABIBPUR District- BHAGALPUR ====================================================== Md. Babar S/o Late Md. Zaheer R/o Mohalla - Mohiddinapur, Pankha Toli, P.S. - Habibpur, District - Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Jitendra Kr.Singh 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered under Section 304/34 of the Indian Penal Code.

The sister of the informant Bibi Rizwan was married with the petitioner Md. Babar about 14 years ago who has two sons and three daughters. The husband of the deceased was drinker and always used to play gamble. Since last one year the FIR named accused persons including the petitioner used to assault the deceased. On 20.8.2014 at 7.A.M. the petitioner demanded cash from his wife, the deceased for playing gamble and on refusal, the petitioner abused her and other accused persons also came and assaulted the his sister. Thereafter the

Patna High Court Cr.Misc. No.24989 of 2015 (2) dt.20-07-2015 2/2 deceased was brought to the hospital and during treatment she died on 22.8.2014.

On behalf of the petitioner it has been submitted that the petitioner is in custody since 10.9.2014. It has been further submitted that from perusal of the post mortem report it would appear that the deceased had died due to septicemia, i.e. due to secondary hemorrhage and not due to the preliminary hemorrhage.

On behalf of the State it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, 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 Sri Rajeev Kumar, Judicial Magistrate, 1st Class, Bhagalpur in connection with Habibpur P.S. Case No. 38 of 2014, G.R. No. 3273/2014. (Sudhir Singh, J) S.Pandey/- U T