Nabi Rasool @ Md. Rasool v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28254 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== NABI RASOOL @ MD. RASOOL S/O FURKAN SAH R/O VillageMadarpur, P.S- Lakri Nabiganj O.P, Distt.- Siwan. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Ratan Kumar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP For the Informant :
Mr. Bijay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a senior citizen aged about 65 years.
4. The informant alleges that her daughter was married to Eklakh and after marriage a motorcycle was being demanded, further for non-fulfillment of the demand her daughter was killed and the dead body was lying in the
Patna High Court CR. MISC. No.28254 of 2023(2) dt.25-07-2023 2/3 house.
5. Learned counsel for the petitioner submits that the petitioner, being father-in-law, has been falsely implicated in the present case, it is next submitted that petitioner is not an eye witness to the occurrence and the allegation of demand of dowry and torture is also general and omnibus in nature. It is further submitted that when such occurrence takes place, the entire family members are implicated in a mechanical manner. It is also submitted that the husband of the deceased has filed a Criminal Miscellaneous No. 31171 of 2023 and the same was permitted to be withdrawn by order dated 25.07.2023.
6. Learned A.P.P. for the State along with learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.28254 of 2023(2) dt.25-07-2023 3/3 the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Basantpur Lakri Nabiganj (O.P.) P.S. Case No. 292 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T