Patna High CourtCR. MISC./53966/2017bail granted

Md. Irfan v. The State Of Bihar

2017-11-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53966 of 2017 Arising Out of PS.Case No. -172 Year- 2014 Thana -BELDAUR District- KHAGARIA ====================================================== Md. Irfan Son of Md. Ali Resident of Village- Suranpuri Itmadi, P.S. Beldaur, District- Khagaria. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Beldaur P.S. Case No. 172A/2014 registered under Section 304B/34 of the Indian Penal Code.

As per the prosecution case, niece of the informant is said to have been eliminated for dowry by the petitioner and other accused persons.

It is submitted by learned counsel for the petitioner that the petitioner is the brother-in-law (Bhaisur) of the deceased and living separately. He has no concern with the affairs of the deceased and her husband. The allegation against the petitioner is not specific rather general and omnibus in nature. The husband of the deceased has been acquitted after trial. The father-in-law and mother-in-law of the deceased have been granted bail by

Patna High Court Cr.Misc. No.53966 of 2017 (02) dt.14-11-2017 - 2 - coordinate Bench of this Court in Cr. Misc. No.20353 of 2016 and Cr. Misc. No.11096 of 2015 vide order dated 09.05.2016 and 24.03.2015 respectively. The petitioner has been languishing in custody since 22.08.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Khagaria in connection with Beldaur P.S. Case No.172A/2014.

(Prakash Chandra Jaiswal, J) Trivedi/- U T