Zakir Hussain @ Zakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8542 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- BAISI District- Purnia ====================================================== Zakir Hussain @ Zakir Son of Late Hasimuddin Resident of Village-Badtoli Chanki Janta, P.S.-Baisi, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv For the Opposite Party/s :

Mr. Mrityunjaya Kr.Gautam, APP :

Mr. Ramprakash Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Baisi P.S Case No. 214 of 2023 dated 22.05.2023 registered for the offence punishable u/s 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, marriage of the informant's daughter Sama Praween was solemnized with the co-accused Samsirul Kadiri as per muslim rituals and rites. It is submitted that after nine months, of the marriage the accused persons along with her husband Samsirul Kadiri started to

Patna High Court CR. MISC. No. 8542 of 2024(2) dt.12-03-2024 2/3 assault and torture her. It is further alleged that the informant received telephonic information that his daughter was killed by her in-laws including her husband.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the brother-in-law of the husband of the deceased. As per the postmortem report of the deceased Sama Praween, it appears that no external injury was found on the body of the deceased. The doctor could not ascertain the cause of death. The allegation against the petitioner is general and omnibus in nature The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as well as the allegation being generated omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Baisi P.S Case No. 214 of

Patna High Court CR. MISC. No. 8542 of 2024(2) dt.12-03-2024 3/3 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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