IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23088 of 2010
QUMAR RAZA KHAN, S/o Late Masihuddin Khan.
Versus
THE STATE OF BIHAR
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03. 23.08.2010 Heard learned counsel for the petitioner,
informant and the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 498A, 341, 323 and
304B of the Indian Penal Code and Sections 3/4 of
Dowry Prohibition Act.
It has been submitted that in the First
Information Report the allegation is that the in-laws
informed the informant about the present occurrence
whereafter he came and found his daughter dead and
he alleged that she had been killed for ends of dowry.
However, during investigation the Investigating
Officer noted that in fact when the police came to the
place of occurrence he found the door of the deceased
was closed inside the house and she was hanging as
also post mortem-examination report reveals that the
death had been caused of hanging. Under the
circumstances, it has further been submitted that the
prosecution case is not trustworthy and facts suggest
a case of suicide.
In view of such, let the petitioner, above
2
named be released on bail on furnishing bail bond of
Rs. 5,000/- (Five Thousand) with two sureties of the
like amount each or any other surety as fixed by the
Court to the satisfaction of 4th Additional Sessions
Judge, Rohtas at Sasaram in connection with S.Tr.
No. 187 of 2010 arising out of Rohtas P.S. Case No.
117 of 2009 subject to the following conditions:- (i)
That one of the bailors will be a close relative of the
petitioner who will give an affidavit giving genealogy
as to how he is related with the petitioner. The bailor
will also undertake to inform the Court if there is any
change in the address of the petitioner. (ii) That the
petitioner will give an undertaking that he will receive
the police papers on the given date and be present on
date fixed for charge and if he fails to do so on two
given dates and delays the trial in any manner, his
bail will be liable to be cancelled for reasons of
misuse. (iii) That the petitioner will be well
represented on each date and if he fails to do so on
two consecutive dates, his bail will be liable to be
cancelled.
(Anjana Prakash, J.)
Vikash/-