Md. Shamim @ Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17538 of 2026 Arising Out of PS. Case No.-30 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Md. Shamim @ Shamim S/O Aliyas Miya Resident of village- Kataha, P.S.- Mufassil, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, A.P.P.

For the Informant :

Mr. Bal Govind Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 105 of the Bharatiya Nyaya Sanhita.

3. It is alleged that marriage of the sister of informant was solemnized with this petitioner about 15-16 years ago and she was subjected to torture and cruelty due to non-fulfillment of demand of dowry. Informant alleges that subsequently, on 18.1.2025, this petitioner along with other F.I.R. named accused persons killed his sister.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter

Patna High Court CR. MISC. No.17538 of 2026(4) dt.15-07-2026 2/3 of fact, sister of the informant was pregnant and during course of treatment, she died. Petitioner has falsely been implicated in this case merely because he happens to be husband of the deceased. At the relevant time, petitioner was in Mumbai and only after getting the information of her death, he came back to the house which is also evident from the statement of independent witnesses. In post-mortem report, no external injury was found on the person of deceased and cause of death is hemorrhage and shock due to rupture of posterior wall of uterus. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering backdrop of the case, nature of accusation and materials available on record, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Muffasil P. S. Case No. 30 of 2025, subject to

Patna High Court CR. MISC. No.17538 of 2026(4) dt.15-07-2026 3/3 condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T