Hajarat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20475 of 2024 Arising Out of PS. Case No.-23 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Hajarat Ali S/O- Late Sheikh Liyakat R/O- Village- Sishwa, P.S.- Kalyanpur, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Kalayanpur P.S. Case No. 23 of 2023, registered for the offences punishable under Sections 304(B) and 120(B) of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other accused persons have killed the daughter of the informant for dowry.

Patna High Court CR. MISC. No.20475 of 2024(3) dt.17-05-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the alleged occurrence took place on 17.01.2023 and the FIR has been lodged on 20.01.2023 without giving any reason for delay. The case has been registered after post-mortem of the victim has been conducted. He also submits that petitioner is father-in-law of the victim and aged about 71 years. He further submits that the date of marriage is 21.11.2011 and the alleged occurrence took place on 17.01.2023 and accordingly no case is made out under Section 304(B) of the Indian Penal Code. He also submits that similarly situated accused, namely, Soyeb Akhtar has already been granted regular bail by this Court vide order dated 16.01.2024 passed in Cr. Misc. No. 86053 of 2023. The petitioner is in judicial custody since 08.01.2024 and the petitioner has no criminal antecedent.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.20475 of 2024(3) dt.17-05-2024 3/3 of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran/Concerned court Below in connection with Kalayanpur P.S. Case No. 23 of 2023. (Sunil Dutta Mishra, J) ashishkr/- U T