Md. Sanobar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80507 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== MD. SANOBAR, aged about 45 years, Son of Md. Abbas, Resident of Village- Purvi Gharari, Kharik Bazar, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rajesh Kumar Pandey, Advocate.

For the Opposite Party :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 498(A), 504, 506 and 304(B) of the I.P.C.

The prosecution case, in short, is that the accused persons including the petitioner killed the daughter of informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.07.2019 and has got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.80507 of 2019(3) dt.27-05-2020 2/2 case. There is no allegation of tampering with the witnesses alleged against the petitioner. The alleged occurrence is said to have taken place 13 years ago. No offence under Section 304(B) of the IPC can be made out against the petitioner taking into account that the alleged occurrence has taken place after 13 years of marriage. The death of the deceased had taken place while she was cooking.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned A.C.J.M., Ist Naugachia or the court concerned in connection with Kharik P.S. Case No. 146 of 2019. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T