Md Rabbani @ Lila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18129 of 2023 Arising Out of PS. Case No.-23 Year-2022 Thana- ARER District- Madhubani ====================================================== 1.

MD RABBANI @ LILA S/O MD SATTAR R/O VILLAGE- MEERAITH DIGHIYA POKHAR, P.S- ARER, DISTT. MADHUBANI.

2.

MUNNI KHATOON W/O MD. SATTAR R/O VILLAGE- MEERAITH DIGHIYA POKHAR, P.S- ARER, DISTT. MADHUBANI.

3.

KHADISHA KHATOON @ BEBIYA W/O MD. MUJAHID R/O VILLAGE- MEERAITH DIGHIYA POKHAR, P.S- ARER, DISTT. MADHUBANI.

... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Arer P.S. Case No. 23 of 2022 dated 28.2.2022 registered for the offences punishable u/s 302, 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners are alleged to have committed murder of the daughter of the

Patna High Court CR. MISC. No.18129 of 2023(3) dt.03-08-2023 2/3 informant due to non-fulfilment of demand of Rs. 50,000/- as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel has further submitted that the petitioner No. 1 is the bhaisur, the petitioner No. 2 is the mother-in-law and the petitioner No. 3 is the gotni of the deceased. Learned counsel has further submitted that the petitioners never demanded dowry nor tortured the daughter the deceased. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioner No. 1 is in custody since 10.5.2022 and the petitioner No. 2 and 3 are in custody since 31.5.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.18129 of 2023(3) dt.03-08-2023 3/3 learned Court concerned, Benipatti (Madhubani) in connection with Arer P.S. Case No. 23 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T