Patna High CourtCR. MISC./63252/2023allowed

Md. Jabid v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63252 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== MD. JABID SON OF MD. MANJUR @ MANJUR ANSARI VILLAGESONGAR, PS- TAJPUR, DIST- SAMASTIPUR, BIHAR-848101 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 304B and 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3. It is a case of causing death of his wife by the petitioner due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. Petitioner is the husband of the deceased and only on the basis of suspicion he has been falsely implicated in this case. There is no prior complaint in respect of torture, harassment and assault or dowry demand. The informant is not an eye witness of this case. There

Patna High Court CR. MISC. No.63252 of 2023(3) dt.08-02-2024 2/2 is no consistent evidence against the petitioner. In fact, the deceased was suffering from schizophrenia and due the same she committed suicide by hanging herself and postmortem report has also corroborated this fact in which doctor opined that death is due to asphyxia as a result of hanging. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 08.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

5. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Tajpur P.S. Case No. 185 of 2023.

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