Md. Rafi Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46658 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================

1. Md. Rafi Alam son of Abdul Wahid resident of Village- Bastpur, P.S. Dumara, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.

This application is for grant of regular bail in connection with Dumara P.S.Case nO.23 of 2017 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. Allegation against the petitioner is of causing dowry death and the petitioner is said to be husband. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. As a matter of fact the deceased is mentally sick and the petitioner had informed the family members of the deceased also just after the occurrence and that shows that no such act has been caused by the petitioner. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the post mortem report also

Patna High Court Cr.Misc. No.46658 of 2017 (3) dt.07-11-2017 2/2 shows that the death is due to throttling and also the death is within seven years of marriage.

Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T