High Court Patna High Court - Orders

Sanfaraz vs The State Of Bihar on 9 September, 2011

Patna High Court – Orders
Sanfaraz vs The State Of Bihar on 9 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.21545 of 2011
                                  Sanfaraz, S/O-Late Yakub
                                            Versus
                                    The State Of Bihar
                                         -----------

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.)