Raju Hawari @ Samiu Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26465 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Raju Hawari @ Samiu Rahman Son Of Elahi Hawari R/O Village- Bandhu Barwa, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Partt ====================================================== Appearance :

For the Petitioner :

Mr. Patanjali Rishi, Advocate For the Opposite Party :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 424 of 2022 dated 06.12.2022, instituted for the offences punishable under Sections 340 B, 34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant's daughter got married to Salman Hawari and soon after the marriage her in-laws started torturing her due to nonfulfillment of dowry demand of Rs. 2,00,000/- (Two Lakhs). It is further alleged that on 16.12.2022, all the co-accused persons (in-laws and husband) and petitioner tortured her and strangled her to death.

Patna High Court CR. MISC. No.26465 of 2023(2) dt.24-05-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the petitioner is the younger brother of the husband of the deceased and has no concern with the alleged occurrence. It is further submitted that after coming to knowledge of the correct fact regarding non-homicidal death of the deceased the informant filed a petition intimating the learned Court below of his misconception while lodging the F.I.R. in the form of a compromise. Lastly, it has been submitted that the petitioner is in custody since 01.01.2023 has no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Ramgarhwa, in Ramgarhwa P.S. Case No. 424 of 2022.

(Khatim Reza, J) shanu/- U T