IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.845 of 2011
SAFI ALAM, S/O-SALIM MIAN
Versus
THE STATE OF BIHAR
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04 20.06.2011 Heard learned counsel for the petitioner as well as learned
Additional Public Prosecutor for the State.
Petitioner is languishing in jail custody since 14.05.2010.
Admittedly, petitioner is husband of the deceased and his marriage had
taken place with the deceased five years ago. In course of investigation,
it came to light that after marriage deceased gave birth to two children.
According to prosecution case itself, there was illicit relationship
between petitioner and co-accused Aisha Khatoon, who happens to be
Jethani of the deceased. The cause of death of the deceased could not be
ascertained at the time of post-mortem examination and her viscera was
sent for chemical examination. So the allegation of throttling appears to
be doubtful. It appears to me that alleged occurrence took place on
account of above stated illicit relationship and not for demand of dowry.
Considering the aforesaid facts and circumstances as well as
submissions of the parties, 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 Fast Track Court-I,
Gopalganj in connection with Sessions Trial No. 513 of 2010 arising out
of Katya P.S. Case No. 75 of 2010.
Shahzad ( Hemant Kumar Srivastava, J.)