Patna High CourtCR. MISC./14666/2018bail granted

Md. Usman v. The State Of Bihar

2018-05-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14666 of 2018 Arising Out of PS.Case No. -149 Year- 2017 Thana -AMDABAD District- KATIHAR ======================================================

1. Md. Usman S/o Abul Kalam, R/o Village- Badnathpur, P.S.- Amdabad, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Shahnawaz Ali, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 304B/120B of the Indian Penal Code.

The same informant gave her fardbeyan before the same police station on 31.08.2017 stating therein that her daughter Arjana Khatoon wife of this petitioner died of illness. On the basis of the aforesaid fardbeyan U.D. Case No.13 of 2017 was registered. A copy of the same is Annexure-2. Thereafter, present FIR was lodged with allegation that there was demand of dowry and torture for the same, which resulted in commission of dowry death of the wife of the petitioner.

Patna High Court Cr.Misc. No.14666 of 2018 (5) dt.08-05-2018 P2/ Submission is that just to pressurize false and concocted allegations have subsequently been leveled. The petitioner is in custody since 25.09.2017. Investigation of the case is already complete.

Considering the conflicting statement of the same in the matter of same occurrence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Amdabad P.S. Case No.149 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T