Tarique Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2808 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== TARIQUE ALI Son of Sadique Ali Resident of Mohalla- Imli Adam Khan, Ward No.16, Sasaram, P.O. and P.S.- Sasaram Town, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Adv.

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP For the informant :

Mr. Raj Nandan Prasad, Adv.

Mr. Vishesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State and the learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in connection with Sasaram (T) P.S. Case No. 359 of 2022 dated 07.05.2022 registered for the offences punishable u/s 498A, 304(B), 302/34 of the Indian Penal Code. As per the prosecution case, the petitioner and coaccused persons are alleged to have killed the sister of the informant due to non-fulfillment of the demand of dowry.

Patna High Court CR. MISC. No.2808 of 2023(2) dt.27-04-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that there is general and omnibus allegation against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail application. He has further submitted that the petitioner is 'dewar' of the deceased. The petitioner has got no concern with the mess and business of the deceased. The husband of the deceased is already in custody. Co-accused persons have already been granted bail by the coordinate bench of this Court vide order dated 09.02.2023 passed in Cr. Misc. No. 73505 of 2022. The petitioner is in judicial custody since 03.08.2022. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation is being general and omnibus against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Sasaram

Patna High Court CR. MISC. No.2808 of 2023(2) dt.27-04-2023 3/3 (T) P.S. Case No. 359 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T