Harun Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13534 of 2021 Arising Out of PS. Case No.-333 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== 1.

Harun Miya S/O Late Saral Miya R/O Village-Nautan Dubey Sota Tola (SOTA Musahi), P.S.-NAUTAN, District-West Champaran. 2.

Dilsad Miya @ Dilsad Alam S/O Haroon Miya R/O Village-Nautan Dubey Sota Tola (SOTA Musahi), P.S.-NAUTAN, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 304(B), 201/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.13534 of 2021(2) dt.29-07-2021 2/3 the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioner No.1 is father-in-law and petitioner No.2 is husband of the deceased. The father of the deceased has made applications before the Deputy Superintendent of Police, Bettiah Sadar, West Champaran as well as in the court below vide Annexures 3 and 4 to the present application, where he has denied the allegations in respect of offence under Section 304B of I.P.C. It has been stated that the deceased died due to prolong illness. The informant of the present case is the local Chaukidar.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned C.J.M., Bettiah, District West Champaran in connection with Nautan P.S. case No.333 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.13534 of 2021(2) dt.29-07-2021 3/3 Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T