MD JALILUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing on behalf of the petitioner, opposite party no. 2 and the State.

(2.) WITH the consent of the parties this application is being disposed of at the admission stage itself.

(3.) BRIEF facts of the case giving rise to this application are that the petitioner lodged an FIR under sections 304B/201/34 of the Indian Penal Code against opposite party no. 2 and others for the allegations of dowry death of his daughter. Opposite party no. 2 is said to be son -in -law of petitioner and husband of deceased. Opposite party no. 2 prayed for bail which was heard by 3rd Additional Sessions Judge, Vaishali at Hajipur, who rejected the prayer of opposite party no. 2 for bail by order dated 15.2.2000 passed in B.P. No. 183/2000 (Annexure -3). Thereafter opposite party no. 2 again prayed for bail wrongly stating in his petition that his prayer for bail was earlier rejected by the 4th Additional Sessions Judge. His application was numbered as B.P.No. 579/2000 and it was heard by 4th Additional Sessions Judge who granted bail to opposite party no. 2 by the impugned order.