Md. Neyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73199 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== MD. NEYAZ, aged about 30 years, Male, S/o Md. Islam, R/o village- Sugauli Dewan Chowk, P.S.- Sugauli, District- East Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhurendra Kumar, Adv.

For the State :

Mr. Anuj Kumar Shrivastava, APP For the Informant :

Mr. Vikram Jeet, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner, the learned counsel for the informant and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Sugauli P.S. Case No. 178 of 2019, registered under Section 304B/34 of the Indian Penal Code.

The accusation is that marriage of the daughter of the informant, Akhtari Begam, was performed before ten years with Md. Neyaz (petitioner) and due to wed-lock her daughter was blessed with three children in spite of that she was being tortured. On 14.05.2019, in the evening she received mobile call from the sasural of her daughter that her daughter, Nilofer Khatoon, is ill and she was being taken to hospital. Thereafter, informant and other family members reached Devan Chowk, Sugauli Bazar, at the house of her daughter and found her daughter lying dead on chowki. Informant raised suspicion about killing of her daughter, due to non-fulfillment of demand

Patna High Court CR. MISC. No.73199 of 2019(3) dt.06-03-2020 2/2 of dowry.

Submission is that it would appear from the first information report that the marriage of the petitioner was performed with the deceased before ten years and both were blessed with three children. Due to illness, daughter of the informant died, but, with ulterior motive, informant has lodged the present case. In post mortem examination no external injury was shown nor any symptom was detailed of poisoning while the viscera report was preserved and sent for examination. The petitioner is in custody since 17.05.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sugauli P.S. Case No. 178 of 2019 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari. (Rajendra Kumar Mishra, J) Shamshad/- U T