Sahi Ali @ Md. Shahi Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24610 of 2025 Arising Out of PS. Case No.-693 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Sahi Ali @ Md. Shahi Ali S/o Uzair Alam @ Munna R/o Village- Tarar, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 693 of 2024 instituted for the offences under Sections 80/103(1)/3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

As per prosecution case, the accusation against the accused persons including the petitioner is of mentally torturing the Informant's sister for non-fulfillment of dowry demand and, ultimately, committing her murder.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence at all as alleged against them rather they have falsely been implicated in

Patna High Court CR. MISC. No.24610 of 2025(3) dt.01-08-2025 2/3 the present case with a view to cause harassment. The petitioner is the husband of the deceased. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 04.02.2025 without any rhymes or reason. Other in-laws have been enlarged on bail by this Court vide order dated 17-02-2025, passed in Cr. Misc. No. 7509 of 2025. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners, stating that the offence alleged against the petitioner is serious in nature. The Informant in his re-statement contained in Para-5 and several witnesses in their statement have supported the prosecution. The inquest report also supports the prosecution case.

6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.24610 of 2025(3) dt.01-08-2025 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Daudnagar P.S. Case No. 693 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T