Patna High CourtCR. MISC./27297/2025partly allowed disposal

Md. Faiyaj v. The State Of Bihar

2025-10-14Mr. Justice Chandra Shekhar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27297 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- Rangara District- Bhagalpur ====================================================== 1.

Md. Faiyaj Son of Md. Afak Resident of Village - Baisi Jahangirpur, P.S. - Rangra, District - Bhagalpur 2.

Bibi Rina Khatun @ Rina Khatun not given Resident of Village - Baisi Jahangirpur, P.S. - Rangra, District - Bhagalpur ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State.

2. The accused/petitioners seek bail in connection with S.T. No. 938/2024 arising out of Rangra P.S. Case No. 66 of 2024 registered for the offences under Sections 103(1)/80/238/61/3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. Both the accused/petitioners are named in the First Information Report and are in custody since 06.08.2024.

4. As per FIR, informant, who is the mother of the wife of petitioner no. 1 expressed her suspicion that her

2/4 daughter was killed by petitioner no. 1 being husband due to non-fulfillment of demand of dowry as raised for a cash of Rs. One Lakh alongwith petitioner no. 2 and other accused persons. It is alleged that the daughter of the informant was still traceless.

5. It is submitted by learned counsel appearing on behalf of the petitioners that wife of petitioner no. 1 out of family quarrel left her matrimonial home out of her own and thereafter she is traceless, however, he fairly conceded that no FIR in this connection was lodged by petitioner no. 1 being husband.

6. It is pointed out that as per demand of dowry regarding cash of Rs. One Lakh is concerned, same is appearing very much general and omnibus against petitioners. It is further pointed out that petitioner no. 2 implicated in this case only being relative of petitioner no. 1 and she is distant relative being maternal aunt (Mami) and is living separately from petitioner no. 1 having no connection with their daily and domestic affairs.

7. While concluding argument, it is submitted that

3/4 investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence. Both petitioners claimed clean antecedent.

8. Learned A.P.P. for the State, while opposing the prayer for bail of the petitioners, submitted that daughter of the informant was found missing from her matrimonial home and for that no explanation appears convincing as advanced by learned counsel appearing for the petitioner no. 1, who is the husband. However, he fairly conceded that petitioner no. 2 is the distant relative of petitioner no. 1 i.e. Mami, who appears living separately.

9. In view of aforesaid factual submission and by taking note of the fact as prima facie petitioner no. 1 being husband fails to explain the missing of daughter of the informant from her matrimonial home in the background of dowry demand within seven years of marriage, accordingly, prayer of bail of petitioner no. 1 stands rejected for the present.

10. So far as petitioner no. 2 is concerned, she is

4/4 maternal aunt (Mami) of petitioner no. 1, who prima facie claims to live separately having no connection otherwise with daily and domestic affairs with the petitioner no. 1 and the daughter of the informant, further facing general and omnibus allegation qua alleged cruelty and demand of dowry, coupled with the fact that she remains in custody since 06.08.2024, accordingly, petitioner no. 2 namely, Bibi Rina Khatun @ Rina Khatun is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - 11th, Naugachiya, Bhagalpur/concerned court, in connection with S.T. No. 938/2024 arising out of Rangra P.S. Case No. 66 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T