Minhaz @ Mangla @ Md. Minhaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29050 of 2025 Arising Out of PS. Case No.-172 Year-2022 Thana- ARARIA District- Araria ====================================================== Minhaz @ Mangla @ Md. Minhaz Son of Abdul Badud, R/o Village- Kujari, ward no 10, PS- Palasi, District- Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :

Ms. Anita Kumari, aPP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in a case in connection with Araria (Bairgachhi) P.S. Case No. 172 of 2022 dated 02.03.2022, registered for the offences punishable under Sections 304B and 120B of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant got married to the petitioner who was already married. The first wife of the petitioner and daughter of the informant used to quarrel with each other and the petitioner along with parents of his first wife used to assault the daughter of informant. It is further alleged that on 02.03.2022, the dead body of the daughter of the informant was found hanging from a tree and the informant

Patna High Court CR. MISC. No.29050 of 2025(2) dt.11-07-2025 2/3 suspects that the petitioner along with other co-accused persons had murdered her daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion. It is submitted that there is no specific allegation of any assault or overt act or demand of dowry against the petitioner. There is general and omnibus allegation against the petitioner. There is no eyewitness to the alleged occurrence. The petitioner has clean antecedent as mentioned in paragraph no. 3 of the bail application.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail petition of the petitioner and submitted that the petitioner is husband of the deceased who murdered the deceased within seven years of marriage under unnatural circumstances. As per the post-mortem report, the cause of death is Asphyxia as a result of hanging.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation levelled against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within four weeks from the date of this order and the Court below may consider the prayer of bail of the petitioner without being

Patna High Court CR. MISC. No.29050 of 2025(2) dt.11-07-2025 3/3 prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) Shahnawaz/- U T