Patna High CourtCR. MISC./43388/2024bail granted

Md. Azhar @ Md. Sonu v. The State Of Bihar

2024-10-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43388 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Md. Azhar @ Md. Sonu Son Of Md. Abdul @ Md. Abdul Hamid VillageCheria Bariyarpur (Cheriya Bariyarpur), P.S.- Cheria Bariyarpur (Cheriya Bariyarpur), Distt.- Begusarari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Cheriya Bariyarpur P.S. Case No. 52 of 2024, instituted for the offences punishable under Section 304-B of the Indian Penal Code.

3. The prosecution case, in short, is that, daughter of the informant was married to the petitioner and he used to torture her daughter. On 06.03.2024 daughter of the informant was strangulated to death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner is husband of the deceased. No allegation of dowry

Patna High Court CR. MISC. No.43388 of 2024(3) dt.26-10-2024 2/2 demand has been alleged against the petitioner. It is further submitted that the deceased has committed suicide and the same information with respect to the death of his wife was given by the petitioner to her family members. On perusal of the postmortem report it is also evident that cause of death has been mentioned by the doctor is due to asphyxia as a result of hanging. The petitioner is in custody since 07.03.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheriya Bariyarpur P.S. Case No. 52 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T