Patna High CourtCR. MISC./4157/2018bail granted

Sahabuddin v. The State Of Bihar

2018-03-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4157 of 2018 Arising Out of PS.Case No. -111 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================

1. Sahabuddin Son of Late Asgar Hussain @ Late Asgar Mian Resident of Village - Sarauni, Police Station - Kawakole, District - Nawadah. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Adv. For the Informant : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The petitioner is husband of the victim of dowry death.

Submission of the learned counsel for the petitioner is that the case diary would reveal that no witness has supported the allegation of demand of dowry and torture for the same, soon before death or any time, during life time of the victim. The matter may be of natural death because the Doctor has not found any external or internal injury on the person of the victim. The petitioner is alone member of the family. He was not

Patna High Court Cr.Misc. No.4157 of 2018 (5) dt.23-03-2018 2/2 present at the time of commission of the offence. Petitioner is ready to cooperate with the trial. Investigation is already complete now.

Learned counsel for the informant opposed the prayer for bail.

Considering the fact that presumption of dowry death is not there against the petitioner for the purpose of consideration of his prayer for regular bail, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kawakole Police Station Case No. 111 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T