Md. Ishrafil v. The State Of Bihar

Patna High Court Cr.Misc. No.19881 of 2016 (3) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19881 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -JOKIHAT District- ARRARIA ====================================================== Md. Ishrafil S/o Gyaas, Resident of Village- Masuriya, P.S. Mahalgaon, (Jokihat) District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner is accused in connection with Jokihat (Mahlagaon) P.S. Case No. 134 of 2015 registered under Section 304(B)/34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Araria.

The accusation is of killing of the daughter of informant by her husband and in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits admittedly petitioner is the husband of the deceased, who died within three years of marriage at the house of the petitioner. It is further submitted that deceased, daughter of the informant, fallen on earth

Patna High Court Cr.Misc. No.19881 of 2016 (3) dt.15-07-2016 and she sustained injury due to that reason she died. Learned A.P.P. opposed the prayer for bail of the petitioner and submits that deceased died within three years of her marriage at the house of the petitioner and postmortem report reflects one abrasion and brule over back of neck and one haematoma over occipital reign.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T