Md. Masukh @ Md. Masuk Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34674 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- LODIPUR District- Bhagalpur ====================================================== Md. Masukh @ Md. Masuk Ali son of Md. Yunus Ali Resident of villageLodipur Kala, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anisur Rahman For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-09-2019 The petitioner seeks bail in connection with Lodipur P.S. Case No. 21 of 2018 dated 15.02.2018 instituted for the offences under Sections 302, 120(B), 34 of the Indian Penal Code.

The petitioner is the husband of the deceased who claims that the deceased being a temperamental person has committed suicide. He further submits that the deceased gave birth to five children out of her wedlock with the petitioner and therefore the allegation that the petitioner did not keep her well does not appear to be correct.

A mentally fragile person, if commits suicide,

Patna High Court CR. MISC. No.34674 of 2019(4) dt.11-09-2019 2/2 the responsibility ought not to be cast upon the husband who has kept her well.

In any view of the matter, considering the fact that prior to the death of the deceased, the relationship between the spouses was strained, about which reference has been made in the F.I.R by the brother of the deceased, I am not inclined to grant bail to the petitioner, even though he is in custody since 03.01.2019.

The prayer for bail is rejected for the present. (Ashutosh Kumar, J) Shageer/- U T