Gulam Sabir @ Asaru v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32428 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -THAKURGANJ DistrictKISANGANJ ===================================== Gulam Sabir @ Asaru, Son of Akramuddin, resident of Village- Khanki, P.S.- Thakurganj, District- Kishanganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Dineshwar Tiwary, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Sharma, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 The petitioner, who is the husband of the deceased, seeks bail in anticipation of his arrest in connection with Thakurganj P.S. Case No. 29 of 2018, dated 24.02.2018, instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.
The F.I.R. has been lodged by the father of the deceased, who has categorically stated that after three months of the deceased staying in her matrimonial home, she had come back to her parental house. On the fateful day, when neither the informant nor his wife were present,
Patna High Court Cr.Misc. No.32428 of 2018 (4) dt.19-07-2018 2/3 the deceased consumed some deleterious substance, as a result of which she fainted and froth started coming out of her mouth. The neighbours raised hue and cry when they saw the condition of the deceased. Later, the police was informed and the dead-body was taken for post-mortem. In the last part of the F.I.R., it has been stated by the informant that the cause of committing suicide by his daughter was illtreatment to her at the hands of the petitioner (husband) and her father-in-law.
Learned counsel for the petitioner has submitted that the deceased committed suicide at the house of the informant and that also after several months of her staying separately from the petitioner/husband. The manner in which the F.I.R. has been drawn-up also, it has been argued, discloses that the name of the petitioner was incorporated in the column of the accused persons only on the asking of some other persons.
Considering the aforesaid facts, viz. the deceased committed suicide and that also in her parental home, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction
Patna High Court Cr.Misc. No.32428 of 2018 (4) dt.19-07-2018 3/3 of learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S. Case No. 29 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T