Md. Jahid v. The State Of Bihar

Patna High Court Cr.Misc. No.53837 of 2015 (3) dt.19-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53837 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -SAHKUND District- BHAGALPUR ====================================================== Md. Jahid son of Md. Wajid resident of Village Harnath, P.S. Sahkund, District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyabir Bharti For the Opposite Party/s : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sahkund P.S. Case No. 65 of 2015 registered for the offence punishable under Section 304(B) of the Indian Penal Code. Bibi Rukhsana was married to the petitioner four years ago and out of the wed-lock there is a son aged two years but for dowry, she was being tortured by the petitioner and other in-laws and ultimately she was strangulated to death. Submission is of false implication and that the prosecution story as alleged has not been found true during investigation, resulting all other co-accused have not been chargesheeted and against them final form has been filed. The doctor who has conducted post-mortem examination has found cause of death due to asphyxia and shock due to hanging and, as such, the

Patna High Court Cr.Misc. No.53837 of 2015 (3) dt.19-01-2016 petitioner who is suffering in custody since 16.04.2015, deserves sympathetic consideration.

The learned A.P.P. duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner is the husband and he used to quarrel with the deceased for dowry.

In the facts and circumstances stated above, considering the medical evidence and further the custody of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Bhagalpur arising out of Sahkund P.S. Case No. 65 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U