IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.48131 of 2008 Firoj Alam, son of Nezamuddin Ansari, resident of village- Durg Matihania, P.S.-Bishambharpur, District- Gopalganj. . . . Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 07.04.2009 Heard learned counsel for the petitioner and the State as well as complainant / informant. Petitioner is an accused in a case which has been registered for the offences under Sections 498 A, 323, 324, 307 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act. Petitioner is husband of the complainant / informant. Allegation is that the complainant / informant was being subjected to torture by her in-laws in connection with demand of additional dowry. The husband of the complainant / informant tried to cut her neck. Meanwhile a boy Guddu came and saw her husband cutting the neck of the informant / complainant. He shouted and thereafter she could be rescued. Statement of Guddu has been recorded under Section 161 of the Code of Criminal Procedure and in his statement he has stated that while his uncle was teaching, then a lady came and demanded phone number. When the number was given by the petitioner then his aunt namely the complainant / informant of the case got infuriated and cut her neck and on account of that he shouted. Later on, he has stated that he has not seen who has cut the neck of the informant / complainant. Submission is that the petitioner is in custody since 06.09.2008. There is no explanation as to why the occurrence was not reported to police at earlier point of time. The eye witness has given - 2 - another version of the occurrence and he has blamed the complainant herself for cutting the neck. Prayer for bail has been opposed by the learned counsel for the complainant / informant, who has submitted that the allegation has been fully supported by the complainant / informant. In course of investigation the doctor has also reported that the trachea was found slit and the lady was having healed scar mark on her throat. Considering the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Bishambharpur P.S. Case No. 32 of 2008. Uday/ (Shyam Kishore Sharma, J.)