Nasir Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14549 of 2024 Arising Out of PS. Case No.-78 Year-2021 Thana- BHEJA District- Madhubani ====================================================== 1.
Nasir Shah Son of Aalam @ Aalam Shah Resident of Village- Sakri Sivotar Tola, P.S.- Sakri, District- Madhubani 2.
Afshana Khatoon Wife of Nasir Shah R/o Village- Sakri Sivotar Tola, P.S.- Sakri, district- Madhubani 3.
Nashrin Pravin @ Nashrin Khatoon Daughter of Aalam @ Aalam Shah R/o Village- Sakri Sivotar Tola, P.S.- Sakri, district- Madhubani 4.
Md. Niyaz Ahmad @ Md. Niyaz Son of Atik Shan R/o Village- Sakri Sivotar Tola, P.S.- Sakri, district- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Shahin Parveen D/o Md. Nurul Hoda Resident of village- Khajuri, P.S.- Bheja, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bheja P.S. Case No. 78 of 2021, G.R. No. 1541 of 2021 dated 08.09.2021, for the offences punishable under Sections 341, 323, 379, 498A, 504, 506/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioners and other co-accused persons are alleged to have tortured the
Patna High Court CR. MISC. No.14549 of 2024(3) dt.27-03-2024 2/3 informant mentally and physically due to non-fulfillment of demand of Rs. 3,00,000/- as dowry.
4. Learned counsel for the petitioners has submitted that the petitioners has falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent stated in para 3 of the bail petition. The petitioners are the in-laws of the informant. Similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 07.11.2023 passed in Cr. Misc. No. 45109 of 2023.
5. Learned APP 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 against the petitioners, let the above named petitioners, 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. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Jhanjharpur, District- Madhubani in connection with Bheja P.S. Case No. 78 of 2021, G.R. No. 1541 of 2021, subject to conditions as laid down under section 438(2) of the
Patna High Court CR. MISC. No.14549 of 2024(3) dt.27-03-2024 3/3 Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T