Md. Jamal @ Jalal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40824 of 2018 Arising Out of PS.Case No. -668 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Md. Jamal @ Jalal, Son of Noor Mohmad, Resident of Village- Gouripur, Police Station- Barahat, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-341, 323, 307, 498A, 304(B), 504/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-09-2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to mistake of fact. The independent witnesses

Patna High Court Cr.Misc. No.40824 of 2018 (3) dt.30-07-2018 in paragraphs-16, 17, 18 & 19 of the case diary have not supported the allegations made in the FIR. Charge sheet has already been submitted in this case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the statement of witnesses, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Banka in connection with Banka (Barahat) P.S. Case No. 668 of 2016 corresponding to Sessions Trial No. 549 of 2017. (Sudhir Singh, J) A.K.V./- U T