Taiyab Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22152 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Taiyab Khan S/o late Sageer Khan Resident of Village- Pakadiya, Paithan, Paithan Patti, P.S. Darpa, Distt-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sangeet Deokuliar, Adv. For the Opposite Party : Mr. Mustaque Alam, APP 36 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 304B/34 of the Indian Penal Code. Petitioner is husband of victim, Reshma Khatoon. Allegation is that death for dowry of Reshma Khatoon was committed by the in-laws, including the petitioner. Submission of the learned counsel for the petitioner is that initially the petitioner was married with the elder sister of the deceased and had three children. Due to illness the first wife of the petitioner died, thereafter, to look after the children the family members of Reshma Khatoon got her marriage with the petitioner. His contention is that due to family dispute the victim committed suicide and the allegation and demand of dowry and torture has been concocted because in the background of relationship it is highly unbelievable that there was still demand of dowry. The petitioner is in custody since 31.01.2017. The

Patna High Court Cr.Misc. No.22152 of 2017 (3) dt.22-06-2017 2/2 investigation is already complete. The petitioner is ready to cooperate with the trial. There is no allegation of tampering with the evidence.

Considering the entire facts, aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Darpa P.S. Case No. 82 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Raxaul at Motihari, East Champaran, or successor Court with the condition that the petitioner shall fully cooperate with the trial of the case, failing which the bail bond of the petitioner shall be cancelled by the Court below itself. (Birendra Kumar, J) SA/- U √ T √