Md Sarfaraj Alam @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7127 of 2022 Arising Out of PS. Case No.-269 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== MD SARFARAJ ALAM @ MUNNA S/o Late Md. Sattar @ Late Sheikh Sattar R/o Village- Tilbihta, P.S.- Jaintpur O.P. (Saraiya), DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv For the Opposite Party/s :

Mr. H.A. Khan, APP Mr. Rajendra Nath Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in a case registered for the offence punishable under sections 341, 323, 304(B), 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioner assaulted the daughter of the informant for demand of dowry. The matter was compromised in panchayati, but later on they again started demanding dowry and assaulted her with lathi and danda, due to which she sustained

Patna High Court CR. MISC. No.7127 of 2022(2) dt.01-08-2022 2/2 injuries and during the period of treatment, she died. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the petitioner is not named in the F.I.R. and his name came during the investigation. He further submits that the daughter of the informant was living with her father before her death. Petitioner has one criminal antecedent, which is also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, petitioner is the husband of the deceased, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T