Imraj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69642 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Imraj Khan S/O- Faiyaj Khan Village- Tilangahi Ps- Bairiya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

It is a case of commission of murder of the grand-daughter of the informant by all her in-laws family members including the petitioner for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of

Patna High Court CR. MISC. No.69642 of 2023(3) dt.10-01-2024 2/3 the deceased. The deceased was suffering from tuberculosis and was undergoing long treatment on the cost of the petitioner and out of frustration of the long endless treatment, she committed suicide. The family members of the deceased were immediately informed about the suicide. The postmortem report of the deceased suggests that death is caused by asphyxia as a result of hanging. The petitioner is in custody since 03.07.2023. A statement has been made in para 3 of the petition that petitioner has clean antecedent. Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for commission of murder of the deceased.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.69642 of 2023(3) dt.10-01-2024 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 104 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T