Md. Firoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76374 of 2018 Arising Out of PS. Case No.-97 Year-2015 Thana- MANIYARI District- Muzaffarpur ====================================================== Md. Firoj Son of Md. Islam, Resident of Village-Pursottampur, P.S. Maniyari, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Maniyari P.S. Case No. 97 of 2015 instituted for the offence under Section(s) 307/326/498A/34 and 304B/302 of the Indian Penal Code and Section 4 of D.P. Act.

Petitioner is the husband of the deceased.

In the written report, it is alleged that on the date of occurrence father-in-law, mother-in-law and two sisters-in-law, of daughter of the informant poured kerosene oil on her body and Roksana Khatoon set her on fire by match stick and fled away. It is mentioned in the written report that the son-in-law of the informant was at Delhi on the date of occurrence. He used to tell on telephone to his parents to burn the deceased by

Patna High Court CR. MISC. No.76374 of 2018(4) dt.27-02-2019 2/2 pouring kerosene oil.

Learned counsel for petitioner has submitted that the police has recorded the statement of the deceased before her death which is available in paragraph 4 of the case diary. Learned APP after looking into the statement made in paragraph 4 of the case diary has submitted that the victim has levelled allegation of causing burn injury to her against her father-in-law, mother-in-law and her sisters-in-law. She has stated in her statement that on the date of occurrence her husband was in Delhi. There was no involvement of her husband (petitioner) in the aforesaid occurrence. The petitioner is in custody since 23.3.2018. Considering the aforesaid, 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 Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Maniyari P.S. Case No. 97 of 2015, subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/mu keshU T