IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23922 of 2008 MD.HIRA @ ABDUL MASOOD Versus THE STATE OF BIHAR ----------- For the petitioner – Mr. F.A. Khan, Adv. Md. Sufiyan For the State – Mr. C. Jawahar, A.P.P. ----------- 3 19/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case has been registered under Sections 304(B), 201 and 34 of the Indian Penal Code. Allegation is of killing the deceased by her in-laws. Learned counsel for the petitioner submits that the petitioner is brother-in-law (Bhainsur) of the deceased and for that reason only, he has been implicated in this case. However, according to him, the fact is that he is separate in mess and business and presently he is living at Kothia, P.S. Sadar Darbhanga which is his ‘Sasural’ for the last sixteen years. In support of it, learned counsel has annexed Annexure-2 which is voter identity card, Annexure-3 which is residential certificate granted by the Block Development Officer and some other certificates granted by Mukhia and Pramukh as well as one certificate given by Dr. Rashmi Jha and Dr. Subodh Kumar Mishra stating therein that the petitioner is working at Siddhartha Nursing Home for the last three years. He submits that in the aforementioned facts and circumstances, there is no question of either any demand of dowry or complicity of the - 2 - petitioner in this case. He further submits that the petitioner is in jail custody since 14.3.2008. It is further stated that mother-in- law of the deceased namely Aiyasha Khatoon has been granted anticipatory bail by a Bench of this Court by order dated 29.7.2008 passed in Cr. Misc. Case No. 20932 of 2008. Learned counsel for the State submits that this case is under Section 304B and petitioner is brother-in-law (Bhainsur) of the deceased. There is allegation against all the accused persons of demanding Rs. 5,00,000/- and killing the deceased. In the facts and circumstances of the case and in view of submissions made on behalf of the parties, petitioner Md. Hira @ Abdul Masood 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, Darbhanga, in connection with Simri P.S. Case No. 47 of 2007. S.Ali (Dr. Ravi Ranjan, J.)