Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57431 of 2018 Arising Out of PS.Case No. -313 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Md. Afroz S/o Gulam Farid, R/o Tarsan, P.S.- Kudhani O.P., DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhagya Narain Gupta For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kudhani P.S. Case No. 313/2017, instituted for the offence under Section 304(B)/34 of Indian Penal Code.

It is alleged in the written report that daughter of informant was married with this petitioner on 04.10.2015. After marriage, she was tortured in her Sasural for demand of cash and motorcycle. It is alleged that on 02.08.2017, daughter of informant was murdered by this petitioner along with other accused persons for non-fulfillment of demand of dowry.

Case diary has been received in this case.

Learned Additional P.P. has submitted that the

Patna High Court Cr.Misc. No.57431 of 2018 (3) dt.11-10-2018 2/2 informant in her further statement in para 8 and other witnesses in para 18 and 19 of case diary have supported the case levelling allegation against this petitioner. Other witnesses have also stated before the police that the deceased died unnatural death in her Sasural.

Post-mortem report is available in case diary, wherein doctor has preserved various visceras for medical examinations. Petitioner is husband of deceased. There is specific allegation against him. The police after investigation found the case true against this petitioner for the offence under Section 304B of the Indian Penal Code.

In view of such, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

(Sanjay Priya, J.) Rakhi U T