Asagar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8800 of 2023 Arising Out of PS. Case No.-36 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== Asagar Ali Son Of Late Shamshuddin Ansari @ Late Md. Shamshuddin Ansari R/O Village- Beseni Kala, P.S.- Rajpur, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

As per allegation in the FIR, due to non-fulfillment of dowry demand, daughter of the informant is being killed in her matrimonial house by her parents-in-law and two brother-inlaw. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased. On the alleged date of occurrence, he was at Ludhiyana to earn his livelihood. He is not named in the FIR but during investigation, police has made him an accused He has been falsely implicated

Patna High Court CR. MISC. No.8800 of 2023(3) dt.21-08-2023 2/2 in this case. He has never demanded any thing from the deceased. No any specific allegation is attributed against the petitioner. No complain was ever made by the informant regarding ill treatment and harassment at her matrimonial home by her husband or by any one. Petitioner has got no criminal antecedent and languishing in judicial custody since 31.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bikarmganj, Rohtas in connection with Rajpur Nasriganj P.S. Case No. 36 of 2018.

(Sunil Kumar Panwar, J) sushma/- U