Md. Niyazuddin @ Md. Niyeejuddin @ Niyazuddin @ Niyeejuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57496 of 2018 Arising Out of PS.Case No. -214 Year- 2017 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Md. Niyazuddin @ Md. Niyeejuddin @ Niyazuddin @ Niyeejuddin, S/o Basiruddin, R/o Village- Kagzi Mohala, P.S. Bihar, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner, the informant and the learned A.P.P. for the State.
The petitioner seeks bail in Soh Sarai P.C. Case No. 214/2017, instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.
It is alleged in the written report that daughter of informant was married with this petitioner. She was tortured in her Sasural for demand of Rs. 1 lacs. It is alleged that petitioner and other accused persons came to the house of informant and assaulted her daughter. It is further alleged that on 25.09.2017 the petitioner mentally tortured the daughter of informant and also assaulted her. She was patient of Tuberculosis and she died due to torture. Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.57496 of 2018 (4) dt.01-11-2018 2/3 deceased has died at her parents house. From the written report itself, it appears that the deceased was at her parent's house at the time of death.
Post-mortem report of the deceased is available in case diary, wherein doctor has opined cause of death due to some underlying lungs pathology.
Learned counsel for the informant has submitted that charge has been framed in this case.
Learned Additional P.P. after looking into case diary has submitted that deceased was suffering from Tuberculosis. The petitioner is in custody since 08.05.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in Soh Sarai Case No. 214/2017, subject to the conditions that (i) both the bailors shall be the close relative of the petitioner.
(ii) petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid
Patna High Court Cr.Misc. No.57496 of 2018 (4) dt.01-11-2018 3/3 reason will result in cancellation of bail bond of the petitioner and (iii) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.
(Sanjay Priya, J.) Rakhi U T