Athar Ali @ Atahar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29751 of 2025 Arising Out of PS. Case No.-133 Year-2023 Thana- BARARI District- Katihar ====================================================== 1.

Athar Ali @ Atahar Ali Son of Afsar Ali Resident of Village - Baisakha Ghat, P.S.- Barari, District - Katihar 2.

Safina Khatoon Wife of Nazir Daughter of Afasar Ali, Resident of Village - Khattahat, P.S.- Srinagar, District - Purnea (in the F.I.R. mentioned as Village - Baisakha Ghat, P.S.- Barari, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 304(B), 302/34 of the Indian Penal Code and Section 25(1-b)a, 26 of Arms Act.

3. It is alleged that these petitioners along with other F.I.R. named accused persons killed the sister of informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that petitioner no. 1 is Bhaisur and petitioner no. 2 is married sisterin-law of the deceased. Allegation against these petitioners is general and omnibus. Petitioners are separate in mess and

Patna High Court CR. MISC. No.29751 of 2025(2) dt.16-07-2025 2/2 property and they are not concerned with family affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who is already in custody since 27.04.2023. After investigation, police submitted final form. Petitioners have got clean antecedent.

6. Learned counsel for the State vehemently opposed the bail application.

7. Considering the fact that husband of the deceased in already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Katihar in connection with Barari P. S. Case No. 133 of 2023, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T