← Library
Patna High CourtCR. MISC./68487/2023allowed

Tabrez Alam @ Pappu v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68487 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Tabrez Alam @ Pappu Son Of Aftab Alam Resident Of Village - Sareya Narendra, P.S. - Barauli (Madhopur Op), District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Thakur Brajesh Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the husband of the deceased and marriage was solemnized between them in the year 2014. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner. He submitted that the petitioner blessed

Patna High Court CR. MISC. No.68487 of 2023(3) dt.08-01-2024 2/2 with three children from the wedlock of the deceased. The petitioner informed the informant regarding comission of suicide by his daughter and the death was caused by hanging. He further submitted that there is no consistent evidence and no eye-witness to the alleged occurrence against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of He is languishing in judicial custody since 28.07.2023.

5. The application for bail is opposed by learned APP for the State, learned counsel for the informant and submitted that during investigation, witnesses supported the prosecution case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 C.J.M., Gopalganj in connection with Barauli P.S. Case No. 309 of 2023.

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