Md. Karim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6924 of 2020 Arising Out of PS. Case No.-24 Year-2019 Thana- DAGARUA District- Purnia ====================================================== MD. KARIM son of Late Md. Minhaz @ Minaz Resident of - Singhia Thathol, P.S. - Dagarua, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsel for the petitioner and the State are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for State Petitioner apprehends arrest in connection with Dagarua P.S. Case no. 24 of 2019 instituted for the offence under Section 304B of the Indian Penal Code.

The prosecution case is that daughter of the informant was married with the petitioner about 6 years back. On

Patna High Court CR. MISC. No.6924 of 2020(4) dt.18-06-2020 2/3 15.08.2018, she was beaten and ousted from her matrimonial home. Later, the petitioner ( son-in-law) came and took back the informant's daughter. On 27.08.2018 the informant came to know hat her daughter has died at her in-laws. The petitioner has been made accused along with nine other family members for killing of the informant's daughter.

It is submitted by the petitioner's counsel that prior to said complaint case having been filed on 26.11.2018, the police had registered a U.D. case dated 27.08.2018. It is submitted by the petitioner's counsel that it is a false case and based merely on suspicion. It is also submitted that the informant has subsequently filed a petition in the court, wherein, the informant has clearly stated that under misconception and on being instigated by other persons, the complaint had been lodged. The informant has stated in her petition that her daughter ( deceased) was not in her proper sense, and as such, she has committed suicide by handing herself.

The learned APP for the State has opposed the prayer for bail.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court

Patna High Court CR. MISC. No.6924 of 2020(4) dt.18-06-2020 3/3 below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1st Class, Purnea, in connection with Dagarua P.S. Case no. 24 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T