Anaitullah @ Anaitullah Rayeen @ Enatullah Raein v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27228 of 2025 Arising Out of PS. Case No.-98 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Anaitullah @ Anaitullah Rayeen @ Enatullah Raein S/O Satir Raein @ Satir Rain R/O Village- Marpa, Ward No.-4, P.S- Kanhauli, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Kanhauli P.S. Case No. 98 of 2023 dated 11.06.2023 registered for the offences punishable u/ss 304B read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's sister due to non-fulfillment of demand of Rs. 5,00,000/- as dowry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.27228 of 2025(2) dt.04-07-2025 2/3 this case. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. The petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the informant's sister. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused persons have already been granted anticipatory bail by this Court vide order dated 18.03.2024 passed in Cr. Misc. No. 11431 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner and the co-accused persons committed murder of the informant's sister due to non-fulfillment of demand of dowry.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner. It is not fit case for anticipatory bail of the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected and the petitioner is directed to surrender before the Court below concerned within six weeks from the date of this order and pray for regular bail, the learned Court below may consider the prayer for regular bail of the petitioner in accordance with law and on its own merits without being
Patna High Court CR. MISC. No.27228 of 2025(2) dt.04-07-2025 3/3 prejudiced by this order.
7. This application is rejected.
(Chandra Prakash Singh, J) Shivam/- U T