Uzair Alam @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7509 of 2025 Arising Out of PS. Case No.-693 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
Uzair Alam @ Munna S/o- Late Ishaq Hussain Vill- Tarar PS- Daudnagar Distt- Aurangabad 2.
Gazi Ali S/o- Uzair Alam @ Munna Vill- Tarar PS- Daudnagar DisttAurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Nandan Abhishek, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Daudnagar P.S. Case No. 693 of 2024 instituted for the offences under Sections 80/103(1)/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, the accusation against the accused persons including the petitioners is of mentally torturing the Informant's sister for non-fulfillment of dowry demand and, ultimately, committing her murder.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence at all as
Patna High Court CR. MISC. No.7509 of 2025(2) dt.17-02-2025 2/3 alleged against them rather they have falsely been implicated in the present case with a view to cause harassment. The petitioner no.1 is the father-in-law and petitioner no.2 is brother-in-law of the Informant's sister (deceased). The petitioners are separate in mess and business from the husband of the Informant's sister for the year 2020 and are living separately and, thus, they are not concerned with the day-to-day affairs of the husband of the Informant's sister and the Informant's sister. The husband of the deceased in already in custody since 04.02.2025. Learned counsel for the petitioners submits that there is no direct or specific allegation of any overt act against the petitioners rather the same is general and omnibus in nature. The petitioners have no criminal antecedent and are languishing in judicial custody since 01.11.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners, stating that the offence alleged against the petitioners is serious in nature. The Informant in his restatement contained in Para-5 and several witnesses in in their statement have supported the prosecution. The inquest report also supports the prosecution case. The petitioners are named in the F.I.R. and, hence, they do not deserve bail.
Patna High Court CR. MISC. No.7509 of 2025(2) dt.17-02-2025 3/3
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Daudnagar P.S. Case No. 693 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T