Md. Habib Safi @ Habib Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30170 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== 1.

Md. Habib Safi @ Habib Safi S/O Late Md Gulur Safi Resident of VillageKumarso, PS- Garhpura, District -Begusarai 2.

Rabida Khatoon W/O Md. Habib Safi @ Habib Safi Resident of VillageKumarso, PS- Garhpura, District -Begusarai ... ... Petitioners

Versus

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

For the Petitioners :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and Mr. Bhanu Pratap Singh, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 80 & 3(5) of the B.N.S. Act.

3. The case of the prosecution is that the daughter of the informant, namely, Mamina Khatoon @ Lalki (deceased) was married to Md. Chand Alam. It is further alleged that she was subjected to cruelty on account of non-fulfillment of dowry demand. It is alleged that Md. Chand Alam lived with his maternal grandfather (petitioner no.1) and grandmother (petitioner no.2). It is alleged that the daughter of the informant was killed by the petitioners and others.

Patna High Court CR. MISC. No.30170 of 2025(2) dt.19-05-2025 2/2

4. Learned counsel for the petitioners submit that the petitioners are old aged persons. They are maternal grandfather-inlaw and grandmother-in-law. From perusal of the trial court record it transpires that in post-mortem the Doctor has found that the death was due to Asphyxia, as a result of strangulation. In common parlance it is hardly heard that maternal grandparents demand dowry. Petitioner no.1 is in custody since 05.12.2024 and petitioner no.2 is in custody since 23.11.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Garhpura P.S. Case No. 143 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai.

(Ashok Kumar Pandey, J) Durgesh/- U T