Md. Gulab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7911 of 2025 Arising Out of PS. Case No.-347 Year-2024 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.
Md. Gulab Son of Late Ainul Daftari Resident of Mohalla- Maripur Bakshi Colony, P.S.- Kaji Mohammadpur, Distt.- Muzaffarpur 2.
Anjum Perveen @ Anjum Wife of Sri Md. Gulab Resident of MohallaMaripur Bakshi Colony, P.S.- Kaji Mohammadpur, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ajay Kr. Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the State :
Md. Ataur Rahman, APP For the Informant :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Gajendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 80(2) and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that informant's daughter, namely Jarnain Perveen, was married with co-accused Md. Shoaib on 12.05.2023. It is alleged that after few days of marriage, all the accused persons named in the F.I.R., including these petitioners, started demanding cash and Scorpio car as dowry. On 21.10.2024, informant's daughter called her and told that all the accused persons named in the F.I.R., including these
Patna High Court CR. MISC. No.7911 of 2025(2) dt.04-03-2025 2/3 petitioners, are demanding additional money for buying Scorpio car and are planning to kill her. Upon information, informant immediately left for matrimonial house of the victim but before they could reach there, all the accused persons had poisoned daughter of informant, tried to cut her fist and killed her by strangulating. Thereafter, the victim was taken to hospital where she died during course of treatment.
4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because they happen to be father-in-law and mother-in-law of the deceased. Petitioner is victim of over implication. The present case is out and out a false case. From bare perusal of the F.I.R. it is apparent that deceased was being treated in hospital since 21.10.2024 and died during treatment on 27.11.2024. There are general and omnibus allegations and there is no specific allegation of demand of dowry or torture against these petitioners. Petitioners are separate in mess & property and have got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased who is already in custody since 04.02.2025. Petitioners claim clean antecedents.
Patna High Court CR. MISC. No.7911 of 2025(2) dt.04-03-2025 3/3
5. On the other hand, learned A.P.P. for the State and learned senior counsel appearing on behalf of informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with accusation that these petitioners, along with other accused persons, killed daughter of informant due to nonfulfillment of demand of dowry.
6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, East, Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 347 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T