Patna High Court - Orders
Md.Amanullah Parvej @ Bare Mian @ Bada ... vs State Of Bihar on 17 March, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10710 of 2008
MD.AMANULLAH PARVEJ @ BARE MIAN @ BADA MIAN S/O ANWARUL HAQUE, R/O
VILLAGE- PIPRAHI, P.S.- LADANIA, DISTRICT- MADHUBANI
Versus
STATE OF BIHAR
with
Cr.Misc. No.3821 of 2009
MD.ANWARUL HAQUE S/O MD. ALAM, R/O VILLAGE- PIPRAHI, P.S.- LADANIA,
DISTRICT- MADHUBANI
Versus
STATE OF BIHAR
-----------
4 17/03/2009Above noted applications arise out of one occurrence i.e. Ladania P.S. Case No. 97 of 2007, have been heard together and are being disposed of by this common order.
The petitioners are accused of a case which has been registered under sections 304B, 201, 328, 498A/34 of the Indian Penal Code.
Informant's sister Rubi Khatoon was married with petitioner Md. Amanullah Parvej in the year 2000. Her failure to bring desired dowry of rupees one lac resulted into her death.
Submission is that the death was on account of diarrhoea. The matter was duly reported after death and there is no witness to the occurrence. She was properly taken care of. Further submission is that petitioner Md. Anwarul Haque is the father-in-law of the deceased.
Case of both the petitioners cannot be considered on the identical footing. Role of the husband cannot be equated with the role of other persons. Considering the said facts, I am not inclined to enlarge the petitioner of Cr. Misc. No. 10710 of 2008 namely Md. Amanullah Parvej @ Bare Mia @ Bada Mian who happens to be the -2- husband of the deceased, on bail. Accordingly, his prayer for bail is rejected.
So far as the petitioner of Cr. Misc. No. 3821 of 2009 namely, Md. Anwarul Haque who happens to be the father-in-law of the deceased is concerned, he is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani in connection with Ladania P.S. Case No. 97 of 2007.
avin (Shyam Kishore Sharma, J.)