Asgar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1110 of 2018 Arising Out of PS. Case No.-43 Year-2017 Thana- BASANTPUR District- Siwan ====================================================== Asgar Ali, Son of Sadique Miyan, resident of Village- Basao Dasai Rai Ke Tola, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. SMT. PRONATI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant.

The petitioner seeks bail in Sessions Trial No. 356 of 2017 arising out of Basantpur P.S. Case No. 43 of 2017 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

Informant is the mother of the deceased, who in her complaint has stated that her daughter was married to the petitioner on 09.03.2014, and thereafter on account of non fulfillment of demand of dowry, her in laws used to torture her, but in spite of best efforts to resolve the matter torture continued and on 21.02.2017, in the evening, she was informed that her daughter Tabassum Khatoon, has been killed by her in laws by

Patna High Court Cr.Misc. No.1110 of 2018(3) dt.01-02-2018 2/2 strangulation and thereafter she reached her daughter's matrimonial home, where she found the dead body of her daughter being kept. From the post mortem report, it appears that there was no external injury found on her body and cause of death has been stated as Asphyxia due to hanging. Learned counsel for the informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIIrd, Siwan in connection with Sessions Trial No. 356 of 2017 arising out of Basantpur P.S. Case No. 43 of 2017.

(S. Kumar, J) ranjan/- U