IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21545 of 2011
Sanfaraz, S/O-Late Yakub
Versus
The State Of Bihar
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03 09.09.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 31.03.2011 in a case
initially, registered under Section 498(A) of the Indian Penal Code but
after one month Section 304(B) of the Indian Penal Code was also
added.
Petitioner is husband of the deceased and according to
prosecution case itself, the marriage of the deceased had taken place
seven years ago but subsequently, a land was purchased by her in-laws
after selling her ornaments and when she insisted to get her name
entered in the sale-deed, the petitioner and his other family members
demanded rupees fifty thousand and subsequently, on 04.03.2011
petitioner and other accused mercilessly assaulted her and ousted her
from matrimonial home. She came at her parents’ house but she
developed some complication and she was brought to hospital where
she died in course of her treatment.
The contention of learned counsel for the petitioner is
that no case under Section 304(b) of the Indian Penal Code is made
out because according to prosecution case itself, the marriage of the
petitioner had taken place with the deceased seven years ago. He also
drew my attention towards the injury report and post-mortem report
which have specifically been averred at Paragraph Nos. 9 & 10 of this
2
petition and submitted that even if, the statement of informant as well
as injury report assumed to be true, then also, no case under Section
304(B) of the Indian Penal Code is made out.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, particularly, this aspect of the
matter that an omnibus allegation of assault has been levelled against
the petitioner and other accused, let the petitioner 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 Chief Judicial
Magistrate, Katihar in connection with Barsoi P.S. Case No. 45 of
2011.
SHAHZAD ( Hemant Kumar Srivastava, J.)