IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14747 of 2011
Md. Abrar
Versus
The State Of Bihar
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06/ 22.11.2011 Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner being husband of the deceased is in jail custody
since 20.12.2010 in a case registered under section 304B of the
IPC.
The contention of learned counsel for the petitioner is
that on 1.8.2010 petitioner was assaulted by Nasir, Perwez and
Shamsad on account of non-fulfillment of demand of extortion
money and for the aforesaid occurrence, he filed Complaint case
no. 2566C/2010 which was converted into Tarabari P.S. Case
no.491/2010. It is further contended by him that the aforesaid
persons were pressurizing to withdraw the aforesaid case and when
the petitioner refused to buckle upon their pressure, the aforesaid
persons caught the deceased on 17.12.2010 and forcibly
administered acid to her with a view to pressurize the petitioner and
also assaulted the petitioner with dagger and acid. It is further
pointed out by him that the petitioner gave his fardbeyan on
18.12.2010 and also information regarding condition of the
informant’s wife was given to her parents and having received the
aforesaid information the informant came and compelled the family
members of the petitioner for treatment of his wife. Unfortunately,
petitioner’s wife could not be survived and after that the informant
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lodged the present case on 19.12.2010.
FSL report in sealed cover has been received and seal
was broken in open court in presence of learned counsel for the
petitioner as well as learned Addl. Public Prosecutor for the State.
The aforesaid report reveals that even after chemical
examination it could not be detected that the deceased was
administered acid.
Taking into consideration the aforesaid facts and
circumstances as well as submissions of the parties, let the
petitioner, Md Abrar, be released on bail on furnishing bail bonds
of Rs 10,000/- with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Araria in Jokihat P.S.
Case no. 263/2010.
Office is directed to seal the FSL report again and send it
to concerned court immediately for needful.
shahid (Hemant Kumar Srivastava,J)