Patna High CourtCR. MISC./14191/2017allowed

Md. Quyuum @ Quyuum Alam v. The State Of Bihar

2017-05-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.14191 of 2017 (2) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14191 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Quyuum @ Quyuum Alam, S/o Dilbahar Sheikh @ Shekh Dilbahar, R/o Village- Kharsahwa, P.S.- Balthar, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava, A.P.P. For the Informant : Mr. Sanjay Kumar No.7, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Balthar Police Station Case No. 104 of 2016, disclosing offences under Sections 302, 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner happens to be husband of the informant's sister is innocent and has not committed any offence. In fact, the deceased was married with the petitioner nine years before and she is said to be a heart patient, which is evident from annexure2. The deceased died due to her ailment. The petitioner has

Patna High Court Cr.Misc. No.14191 of 2017 (2) dt.16-05-2017 never assaulted the deceased nor demanded any dowry ever. Moreover, the post mortem report does not show any mark of violence or any injury on the person of the deceased. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate, 1st Class, West Champaran, Bettiah in connection with Balthar Police Station Case No. 104 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T