IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.935 of 2011
ENAMUL HAQUE, SON OF MD. SERAJUL HAQUE
Versus
THE STATE OF BIHAR
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03 23.03.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is languishing in jail custody since
23.08.2010 in connection with Koilwar P.S. Case No. 99 of 2010
registered under Sections 304(B) and 120(B) of the Indian Penal
Code.
At the very outset, learned counsel for the
petitioner submits that no case under Section 304(B) of the
Indian Penal Code is made out because there is not even a
whisper regarding the demand of dowry. It is pointed out by him
that the deceased was second wife of the petitioner and, as a
matter of fact, she committed suicide. It is also pointed out by
him that the deceased was immediately taken to Sadar Hospital
where in course of her treatment, she died. To fortify his
contention, he drew my attention towards Paragraph 21 of the
case diary in which it has specifically been mentioned by the
Investigating Officer that when he visited the place of
occurrence, he found a broken killi. It is contended by learned
counsel for the petitioner that the deceased was taken off the
room after breaking the door and that is why broken killi was
found on the place of occurrence.
Although, learned Additional Public Prosecutor
opposed the prayer but considering the above stated 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 Chief Judicial Magistrate, Bhojpur at
Ara in connection with above stated Koilwar P.S. Case No. 99 of
2010.
Shahzad ( Hemant Kumar Srivastava, J.)