High Court Patna High Court - Orders

Mohammad @ Mohammad Mian @ … vs State Of Bihar on 15 November, 2010

Patna High Court – Orders
Mohammad @ Mohammad Mian @ … vs State Of Bihar on 15 November, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.33929 of 2010
       MOHAMMAD @ MOHAMMAD MIAN @ MOHAMMAD SAHEB @ SHABIR
                                       Versus
                                STATE OF BIHAR
                                     -----------

3 15.11.2010. Heard learned counsel for the parties.

The petitioner, husband of deceased is in custody

since 17.5.2010 in connection with Bettiah Town Police Station

Case No. 200 of 2010 lodged under sections 304B/34 I.P.C. on

the allegation that he and his family members committed torture

and ultimately killed daughter of informant by pressing her nose,

mouth & neck for want of some money and a Jeep as dowry.

Learned counsel for the petitioner submits that

petitioner and deceased both were teacher in a local school of the

district and allegation of strangulation is false as no external or

internal injuries were found on the body of deceased in the post

mortem report. He further submitted that daughter of informant

died of ailment. It is evident from the FIR that on information of

accused side, informant reached the M.J.K. Hospital, Bettiah and

found her daughter lying dead in the Emergency ward. Viscera of

deceased has already been sent to the F.S.L., Patna for chemical

examination. Police after investigation has submitted charge sheet

under section 306 I.P.C.

Call for the Viscera report of deceased from the FSL,

Patna and list this matter within top 20 cases thereafter.

In the meantime, if any application is filed before the
2

court in seisin of the case for provisional upkeeping of little child

of deceased, the same would be considered and disposed of

expeditiously.

Let this order be faxed to the CJM, Bettiah as also the

FSL, Patna for compliance of order.

Shashi.                             (Samarendra Pratap Singh, J.)