Md. Quamuddin @ Md. Quamaddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66079 of 2022 Arising Out of PS. Case No.-570 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
Md. Quamuddin @ Md. Quamaddin Son of Late Md. Ramzo @ Romzo Resident of Village- Suja, Ward No.-10, P.S.- Muffasil, District- Begusarai 2.
Fudwa Khatoon @ Akhtari Khatoon wife of md. Quamuddin @ Md. Quamaddin Resident of Village- Suja, Ward No.-10, P.S.- Muffasil, DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-03-2023 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. The petitioners seeks bail in connection with Muffasil P.S. Case No.570 of 2021 registered for the offence under Sections 304 (B) and 34 of the Indian Penal Code. The accused/petitioners are named in the F.I.R. and is in custody since 26.12.2022.
The allegation against the petitioners is to cause death of niece of the informant alongwith other co-accused persons due to non-fulfillment of demand of dowry as raised for cash Rs. 1,00,000/- (Rupees One Lakh) and one motorcycle.
Patna High Court CR. MISC. No.66079 of 2022(2) dt.13-03-2023 2/3 Learned counsel appearing on behalf of the petitioners submitted that both petitioners are in-laws living separately and having no connection with daily and domestic affairs of the deceased and her husband. It is submitted that no incriminating material surfaced during the course of investigation, which may suggest involvement of petitioners in the present occurrence and they have been implicated simply for the reason that petitioners are parents of the main co-accused, namely Md. Saddam, who is the husband of the neice of informant. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above and as both petitioners are in-laws, living separately coupled with the fact that charge-sheet has already been submitted, let above both named petitioners are directed to be released on bail in connection with Mufffasil P.S. Case No.570 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Class 1st,
Patna High Court CR. MISC. No.66079 of 2022(2) dt.13-03-2023 3/3 Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T