Md. Mustakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39903 of 2022 Arising Out of PS. Case No.-337 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Mustakim Son of Sagir Permanent Resident of Village - Partaili, Police Station- Muffasil Katihar, District - Katihar, at present residing at present residing at Nasirganj Purab Tola Mohmood Chowk, Police Station- Katihar, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanand Roy, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Muffasil Katihar P.S. Case No. 337 of 2019 registered for the offence under Sections 498A, 304B and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 11.05.2022.

The allegation against the petitioner is to cause death of daughter of the informant, due to non-fulfillment of demand of dowry for cash of Rs. 1,00,000/- (Rupees One Lakh),

Patna High Court CR. MISC. No.39903 of 2022(2) dt.04-11-2022 2/3 alongwith other family members/co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that petitioner is father-in-law of the deceased/daughter of the informant, living separately and having no connection with the daily and domestic affairs of the deceased/daughter of the informant and her husband. It is further submitted that the thrust of entire allegation is available against the husband of the deceased, where calyx of the occurrence is the second marriage, as claimed to be solemnized by the husband of the deceased. While concluding the argument, it is submitted that investigation of this case is complete, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as thrust of allegation is available against the husband of the deceased, where petitioner is the father-in-law, living separately coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Muffasil Katihar P.S. Case No. 337 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.39903 of 2022(2) dt.04-11-2022 3/3 satisfaction of learned concerned Court below, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/ R.S.Sen/- U T