Md. Naushad @ Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39124 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -SIDHWARA District- DARBHANGA ====================================================== Md. Naushad @ Naushad Son of Late Yusuf Quaraisi, Resident of Village - Shankarpur, Police Station - Singhwara, District - Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Singhwara P.S. Case No 27 of 2014, disclosing offence under Sections 304 (B)/34 of the Indian Penal Code. The petitioner is the husband of the deceased. It cannot be said, on the basis of the First Information Report that no case of offence punishable under Section 304B of the Indian Penal Code is made out against the petitioner.

Learned counsel appearing on behalf of the petitioner submits that several persons interrogated in course of investigation by the Police, have not supported the prosecution case. Be that as it may, keeping in view the gravity of

Patna High Court Cr.Misc. No.39124 of 2015 (2) dt.28-09-2015 2/2 offence and the fact that the petitioner is the husband of the deceased, this application is rejected.

The petitioner is directed to surrender before the court below within six weeks and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) Vats/- U T