Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24510 of 2025 Arising Out of PS. Case No.-283 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== MD. IMTIYAZ Son of Md. Jaffir @ Md. Jafir Alam @ Md. Japheer Resident of village - Ward No.- 13, Hulas, Vichari, P.S.- Raghopur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2025

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 103(1), 85 and 3 (5) of the BNS, 2023 read with Section 3 /4 of the DP Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his sister was married to the petitioner in the year 2017 and out of the wedlock, two children were born, further for the last two years, the named accused persons including the petitioner were demanding dowry of Rs. 10 Lakhs and for non fulfillment of the demand, the victim was tortured, further on 16.08.2024, informant was informed that his sister has been brutally assaulted, and thus has died, accordingly, he reached the

Patna High Court CR. MISC. No.24510 of 2025(2) dt.02-05-2025 2/3 place of occurrence and saw the dead body of his sister lying and blood was found spread over the verandrah and the accused persons had fled.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being husband of the deceased. It is next submitted that the marriage of the petitioner with the deceased was more than 7 years and out of the wedlock, two children were born, but in these eight years, no case ever came to be instituted either by the informant or the deceased alleging torture on account of non-fulfillment of demand of dowry.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no doubt the marriage was more than 7 years old, but what is not disputed rather stands admitted is that the dead body of the sister of the informant who was married to the petitioner was found in the house of the petitioner and blood was also found spread on the verandah, which amply demonstrates that the deceased was assaulted, on which the learned counsel appearing on behalf of the petitioner submits that the victim committed suicide, on which the learned APP submits that even if the victim committed suicide in that event it was the petitioner being

Patna High Court CR. MISC. No.24510 of 2025(2) dt.02-05-2025 3/3 husband who had created the conditions conducive for the deceased to take the extreme step of ending her life.

6. Considering the submissions made by the learned APP for the State and also taking into consideration the fact that petitioner is the husband of the deceased, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T