Md. Ashik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10880 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.
Md. Ashik son of Md. Khalil @ Sheikh Khalil Village- Pirpainti Bazar PsPirpainti Dist- Bhagalpur 2.
Jichiya @ Halim Khatoon @ Halima Khatoon wife of Md. Khalil @ Sheikh Khalil Village- Pirpainti Bazar Ps- Pirpainti Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Matloob Rab, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 328, 34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including the petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners are brother-in-law and mother-in-law of the
Patna High Court CR. MISC. No.10880 of 2024(2) dt.22-02-2024 2/2 deceased, respectively. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have no role in the alleged occurrence. The real fact is that the deceased herself committed suicide by consuming poison. It is further submitted that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Pirpainti P.S. Case No. 156 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T