Sahnawz Ali @ Shah Nawaz Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80669 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== SAHNAWZ ALI @ SHAH NAWAZ ALI, aged about 27 years (Male), Son of Shahjad Ali, Resident of Village- Duldulia Tola, P.S.- Manjharagh, DistrictGopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Yogendra Prasad Sinha, Advocate.

For the Opposite Party :

Mr.Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 304(B)/34 of the IPC. The prosecution story, in brief, is that the marriage of daughter of the informant, namely, Sumbul Khatoon was solemnized with the petitioner two years ago. She was assaulted by the petitioner and his family members for last one year. On 14.08.2019 in day light, Mar-pit was also committed with her. On 15.08.2019 at 2.30 A.M. (night), information was given to the informant on her phone that her daughter died. She went and came to know that her daughter has been killed by hanging. It is alleged that the petitioner has killed the daughter of the informant.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.80669 of 2019(3) dt.19-03-2020 2/2 petitioner that the petitioner is languishing in custody since 21.08.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. There is no substantive evidence to suggest the implication of the petitioner in the present case. In paragraph no. 10 of the case diary the deceased is said to have committed suicide. At best, it is a case for an offence under Section 306 of the IPC and not under Section 304(B) of the IPC.

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

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj, in connection with Manjhagarh P.S. Case No. 218 of 2019.

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