Md.Momtaz @ Momtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53748 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

Md.Momtaz @ Momtaz Son of Late Musharu Miya Resident of Village - Amjahi, P.S.- Ghoghardiha, Dist.- Madhubani.

2.

Shabrun Khatun W/o Md. momtaz @ Momtaz Resident of Village - Amjahi, P.S.- Ghoghardiha, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2021 Heard both parties.

The petitioner seeks bail in Ghoghardiha P.S. Case No. 31 of 2021 corresponding to Sessions Trial No. 216 of 2021, registered for the offence punishable under Sections 365/34 of the Indian Penal Code.

As per the prosecution case, petitioners along with other accused persons committed torture and caused death of the sister of informant due to non-fulfillment of demand of dowry. Sister of informant was married with co-accused Md. Nizam seven months ago.

Thrust of accusation is against husband of deceased Md. Nizam. Petitioner no.1 is father-in-law and petitioner no. 2

Patna High Court CR. MISC. No.53748 of 2021(2) dt.03-12-2021 2/2 is mother-in-law of the deceased and they are living separately and have no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation. Petitioners are in custody since 22.02.2021 having no criminal antecedent. Chargesheet has already been submitted. Considering the facts and circumstances of the case and the fact that petitioner no.1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased and there is general and omnibus allegation, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 31 of 2021 corresponding to Sessions Trial No. 216 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T