Shahid @ Sipahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16410 of 2023 Arising Out of PS. Case No.-692 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== 1.

SHAHID @ SIPAHI Son of Late Fazle Karim R/V- Kadri Mohalla, Ward no. 16, PS- Forbesganj Dist- Araria 2.

Sameera Khtoon @ Sameena Wife of Shouqat Ali @ Md. Shoukat Ali @ Shouqat @ Saukat R/V- Kadri Mohalla, Ward no. 16, PS- Forbesganj DistAraria 3.

Shouqat @ Shouqat Ali @ Md. Shouqat Ali Son of Late Fazle Karim R/VKadri Mohalla, Ward no. 16, PS- Forbesganj Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP.

Mr. Kundan Kumar Singh, Adv.

Mr. Jamaluddin Ahmad Khan, Adv.

Mr. Ram Krishna Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Allegedly, petitioners along with other co-accused persons, are said to have committed murder of the informant's daughter by hanging her due to non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.16410 of 2023(2) dt.18-05-2023 2/3 petitioners are quite innocent and have committed no offence. Petitioners are in-laws of the deceased. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to suspicion. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They live separately from the deceased and her husband. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 08.02.2023 passed in Cr. Misc. No. 1733 of 2023. The husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.16410 of 2023(2) dt.18-05-2023 3/3 connection with Forbesganj P.S. Case No. 692 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T