Zafar Abbas @ Jaffar Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57112 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- THAWE District- Gopalganj ====================================================== Zafar Abbas @ Jaffar Abbas, Son of Tara Hussain, Resident of Village- Mirali Pur, P.S.- Thawe, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashish Giri For the Opposite Party/s :

Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Thawe P.S. Case No. 57 of 2018 registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.

Allegation against the petitioner is of killing the niece of the informant by setting her ablaze by pouring kerosene oil due to non fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely implicated in this case. Petitioner was not present at the place of occurrence rather he was at Siwan. During investigation neighbourhood witnesses were examined and they told that deceased had committed suicide by setting her ablaze and door

Patna High Court Cr.Misc. No.57112 of 2018(5) dt.05-11-2018 2/3 was closed from inside and same was broke-open. The allegation made in the FIR that she was killed and thereafter was being burnt is denied by Post Mortem Report where death has been attributed to thermal burn injury. Informant has made accused two married sisters although they were married much earlier. Petitioner has got no criminal antecedent and is in custody since 24.04.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Gopalganj, in connection with Thawe P.S. Case No. 57 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.57112 of 2018(5) dt.05-11-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U