Md. Sultan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50162 of 2021 Arising Out of PS. Case No.-251 Year-2021 Thana- HISUWA District- Nawada ====================================================== MD. SULTAN S/o Md. Ishlam R/o village - Satauna Beldari, P.S. - Giriyak, District - Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Nayan, Advocate For the Informant :
Mr. Mithilesh Kumar Singh, Advocate For the State :
Mr. Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Hisua P.S. Case No. 251 of 2021 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 19.05.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that her daughter (deceased) was married with Md. Jubair on 28.02.2022, after marriage the daughter was assaulted by her husband for not fulfilling the dowry demand of Rs.4,50,000/-, further when the informant
Patna High Court CR. MISC. No.50162 of 2021(2) dt.01-02-2022 2/3 talked with Md. Javed, father of Md. Jubair Ansari, he also abused and said to fulfill Rs.4,50,000/-. It is further alleged that all efforts were made for amicable settlement but it failed. Thereafter, it is alleged that on 17.05.2021, the accused persons informed that they have killed the deceased, accordingly, the informant reached the place of occurrence and found her daughter lying dead.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and the petitioner is not named in the FIR and is the second son-in-law of Md. Javed. Learned counsel further submits that Md. Javed Alam has been granted bail by order dated 29.01.2022 in Cr. Misc. No. 50130 of 2021.
Learned counsel for the informant vehemently opposes the bail application and submits that though the petitioner is not named in the FIR but during course of investigation, name of the petitioner also transpired and being the second son-in-law of Md. Javed, he had responsibility to ensure that the dowry is not demanded.
Learned A.P.P. also opposes the prayer for regular bail.
Considering the fact that the petitioner is in custody, is
Patna High Court CR. MISC. No.50162 of 2021(2) dt.01-02-2022 3/3 a person with clean antecedent and charge-sheet has been submitted and petitioner is not named in the FIR and co-accused has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 251 of 2021. (Satyavrat Verma, J) Kundan/- U T