Md. Islam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15094 of 2017 Arising Out of PS.Case No. -37 Year- 2015 Thana -BELDAUR District- KHAGARIA ======================================================

1. Md. Islam Son of Late Md. Nuri

2. Md. Modi S/o Md. Islam

3. Jananti Khatoon D/o Md. Islam All are Resident of Village-Gauchhi Tola, Sukhay Basa, P.S. Beldaur, District-Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-06-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Beldaur P. S. Case No. 37 of 2015 (GR No. 442 of 2015) instituted under Sections 304B/34 of the Indian Penal Code. The allegation, in brief, is that the informant's daughter was married with Md. Jabir, son of the petitioner no. 1. The informant received information that his daughter is ill, he reached there and found her dead body. It is alleged that due to non-fulfillment of demand of dowry, she was killed by accused persons.

Learned counsel for the petitioners submits that petitioners are father-in-law, brother-in-law and sister-in-law of

Patna High Court Cr.Misc. No.15094 of 2017 (3) dt.14-06-2017 2/2 the deceased and there is no any specific allegation of demand of dowry. The husband of the deceased and the mother-in-law were put on trial vide S.T. No. 314 of 2015 and they were acquitted as no evidence came regarding demand of dowry against any family member.

Learned A.P.P. submits that as per post-mortem report, deceased died by poisoning.

Having considered the aforesaid facts and circumstances, let the petitioners, namely, Md. Islam, Md. Modi and Jananti Khatoon, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Khagaria in connection with Beldaur P.S.Case No. 37 of 2015(G.R. No. 442 of 2015); subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U