IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10821 of 2010 MD.JAHANGIR Son of Abdul Gaffar resident of Mohalla Thana Chowk Noon Gola P.S. Town Hajipur Dist. Vaishali - - Petitioner Versus STATE OF BIHAR -- Opposite party ----------- 04/ 21.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is accused for offences punishable under sections 328, 302, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that earlier case was under sections 328 and 302 of the Indian Penal Code but subsequently it has been converted into sections 306 and 498A of the Indian Penal Code. Learned counsel for the petitioner further submits that marriage had taken place about twenty years back. Hence there is no question of any demand. Learned counsel for the petitioner avers that he is in custody for about six months. Learned counsel for the State submits prosecution case is that the petitioner used to come in drunken condition to the house and assaulted the deceased and annoyed with such act deceased took poison and gave her life. Learned counsel for the State further submits that section 498A of the Indian Penal Code is not with regard to demand of dowry, but he failed to realize that the said section is in case of harassment of the woman whose such harassment is with a view to coercing her to meet any unlawful demand for any property or valuable security or is on account of failure by her to meet such demand. Considering the facts and circumstances, this petition - 2 - for bail is allowed. Let the petitioner, namely, Md. Jhangir be released on bail on furnishing bail bond of Rs 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case no. 388 of 2009. shahid (S.N.Hussain, J)