Ahmad Alam @ Ahmat Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7628 of 2025 Arising Out of PS. Case No.-163 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.
Ahmad Alam @ Ahmat Ali S/o Israil Miyan, Resident of village- Parsa, P.S.- Pakaridayal, District- East Champaran.
2.
Ajijan Khatoon @ Khaudeja Khatoon W/o Ahmad Alam @ Ahmat Ali, Resident of village- Parsa, P.S.- Pakaridayal, District- East Champaran. 3.
Apsana Khatoon D/o Mohmmad Vajir, Resident of village- Parsa, P.S.- Pakaridayal, District- East Champaran.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Abhishek Kumar, Advocate For the Opposite Party :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Pakaridayal P.S. Case No. 163 of 2024, dated 27.06.2024, in a case registered for the offences punishable under Sections 304B, 302 and 498A read with Section 34 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of
Patna High Court CR. MISC. No.7628 of 2025(2) dt.02-05-2025 2/3 Rs. 2,00,000/- and an Apache motorcycle as dowry.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case merely on the basis of suspicion. Petitioner no. 1 is the father-in-law of the deceased, the petitioner no. 2 is the mother-in-law of the deceased and the petitioner no. 3 is the gotani of the deceased. The deceased and her husband used to live separately from other family members. The allegations levelled against the petitioners are general and omnibus in nature. The husband of the deceased is already in judicial custody. The similarly situated co-accused person namely, Hasmat Alam has been granted bail by this Court vide order dated 25.09.2024 passed in Cr. Misc. No. 63531 of 2024. The petitioners have clean antecedents as stated in paragraph no. 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the petitioners, above named, in the event of their arrest / surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.7628 of 2025(2) dt.02-05-2025 3/3 20,000/- (Rupees twenty thousand only) each with two sureties of the like amount each to the satisfaction of the learned 8th Additional Chief Judicial Magistrate, East Champaran, Motihari in connection with Pakaridayal P.S. Case No. 163 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shahnawaz/- U T