Patna High CourtCR. MISC./33951/2017dismissed

Merja Ahmed v. The State Of Bihar

2017-08-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33951 of 2017 Arising Out of PS.Case No. -498 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Merja Ahmed Son of Kalim Siddique, Resident of Village- Inderwa Ebadulla, P.O.- Thawe, P.S. & District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 Heard the parties.

This application is for grant of regular bail in connection with Gopalganj P.S.Case No.498 of 2017 registered for the offences punishable under Sections 304(B) of the Indian Penal Code.

Allegation against the petitioner is of dowry death. The petitioner is husband.

Submission of the learned counsel for the petitioner is that the materials available in the case diary shows that she herself set on fire and she was taken to the hospital by the petitioner where she died. It is also submitted that the Doctor has recorded that she has stated that her 'Saari' caught fire during cooking food and apart from that there is delay of about 17 days in lodging the

Patna High Court Cr.Misc. No.33951 of 2017 (3) dt.02-08-2017 2/2 case.

Heard learned A.P.P. also, who has submitted that the charge-sheet has not been submitted.

Having heard both sides and considering the fact that investigation is still pending, I am not inclined to grant bail to the petitioner, however, the petitioner may renew his prayer for bail after submission of the charge-sheet before the learned court below, who will examine materials available and if found that except the materials, which are brought to the notice of the court, there is no other materials against the petitioner, he will release the petitioner on bail in connection with Gopalganj P.S.Case No.498 of 2016 dated 2.12.2016 to his own satisfaction otherwise he will pass any other order or orders, as he deems fit and proper. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T