Karamat Ali @ Laltu Mian @ Karamat Alli v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12260 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- NATWAR District- Rohtas ====================================================== KARAMAT ALI @ LALTU MIAN @ KARAMAT ALLI S/o Late Farid Mian @ Farid Miya R/o Village- Natwar Kala, P.S.- Natwar, Distt- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Advocate Mr. Vipin Kumar Singh, Advocate Mrs. Nikita Mittal, Advocate For the Opposite Party/s :
Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
As per the prosecution case, allegation against the petitioner is that he along with other co-accused committed murder of the daughter of the informant due to non-fulfillment of dowry demand.
Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is father-in-law of the deceased.
Patna High Court CR. MISC. No.12260 of 2023(2) dt.27-04-2023 2/2 He submits that there is no specific overt against the petitioner. He further submits that the husband of the deceased is already in judicial custody. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Natwar P.S. Case No. 29 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. However, learned court below is directed to verify the fact that whether the husband of the deceased is in judicial custody or not, if he is not in judicial custody then the bail bond of the petitioner shall not be accepted by the learned court below.
(Anjani Kumar Sharan, J) anand/- U T