Md. Ausif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36393 of 2018 Arising Out of PS.Case No. -237 Year- 2017 Thana -BALRAMPUR District- KATIHAR ====================================================== Md. Ausif, Son of Md. Sultan, resident of village- Mohdipur, P.S.- Balrampur, District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Qumrul Hoda, Adv. For the Opposite Party/s : Sri Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sessions Trial No. 141 of 2018 arising out of Balrampur Police Station Case No. 237 of 2017 registered for offence punishable under section 304-B/34 of the Indian Penal Code.

The petitioner is husband of deceased. As per allegation, he used to torture and assault the deceased since the date of marriage as the demand of further dowry was not fulfilled. The death of deceased occurred in unnatural way in the house of this petitioner within two years of marriage. In post mortem report, the doctor has not given any definite opinion about cause of death but he has stated that the blood was coming out from the

Patna High Court Cr.Misc. No.36393 of 2018 (3) dt.19-07-2018 2/2 nose of deceased. During investigation, the witnesses have supported the allegation of torture and assault. Considering the specific allegation of causing death by this petitioner who is husband of deceased, I am not inclined to grant him bail. His bail prayer stands rejected. (Sanjay Kumar, J) Mahesh/- U T