Md. Sabir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11708 of 2017 Arising Out of PS.Case No. -284 Year- 2016 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Md. Sabir Hussain, son of Md. Ekram, resident of Mohalla- Mourya Ghat, Police Station- Kotwali, District- Gaya .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No-2, Adv. For the State : Mr. Ram Sumiran Roy, APP 240 For the investigation : Mr. Sanjay Kumar Chaubey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2017 Heard the learned counsel for the petitioner, informant and the State.

This is a petition for grant of regular bail for offences under Sections 304B and 34 of the Indian Penal Code.

The petitioner is husband of victim Rizwana Parveen. Rizwana Parveen died in her matrimonial house in unnatural circumstance. There is no allegation of any demand and torture for non-fulfillment of the same in the first information report in spite of that the police registered the case under Section 304B of the Indian Penal Code.

In the subsequent statement the informant vaguely stated that there was demand of dowry and torture for the same. No other witness supported the aforesaid allegation.

The learned counsel for the informant opposed

Patna High Court Cr.Misc. No.11708 of 2017 (3) dt.29-03-2017 2/2 the prayer for bail.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 284 of 2016 to the satisfaction of Shree Dinkar Kumar, Judicial Magistrate, 1st Class, Gaya, or successor Court (Birendra Kumar, J) SA/- U √ T √