Isharafil Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21203 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- BATHWARIA District- West Champaran ====================================================== 1.

Isharafil Mian Son of Ishak Mian Resident of Bazar Bathwariya, Ward No. 12, P.S. - Bathwariya, District - West Champaran 2.

Nasima Khatoon Wife of Isharafil Mian Resident of Bazar Bathwariya, Ward No. 12, P.S. - Bathwariya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Fahimuddin, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The petitioners are apprehending arrest in connection with Bathwariya P.S. Case No. 66 of 2024 lodged on 15.11.2024, for the offence punishable under Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioners against whom there is an allegation that they have killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that the petitioners are father-in-law and

Patna High Court CR. MISC. No.21203 of 2025(2) dt.23-04-2025 2/2 mother-in-law of the deceased (informant's daughter) and husband of the deceased is already in custody since 12.12.2024 as mentioned in paragraph no.11 of the present bail application. Counsel further submits that the petitioners have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioners but submits that petitioners have no criminal antecedent and husband of the deceased is already in custody.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M-2, Bagaha, West Champaran in connection with Bathwariya P.S. Case No. 66 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Divyansh/- U T