Patna High CourtCR. MISC./43970/2021bail granted

Afsar Miyan v. The State Of Bihar

2022-03-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43970 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== AFSAR MIYAN Son of Late Molajim Miyan Resident of Village - Pahari Majhauwa, P.S.- Chautarwa, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 304B/201/34 of the Indian Penal Code.

It is a case of dowry death. Learned counsel for the petitioner submits that the petitioner happens to be the fatherin-law of the deceased. Petitioner is separate in mess and property and has no concern with the affairs of the deceased and her husband. There is general and omnibus allegation against the petitioner and no specific overt act has been alleged against him. Thrust of accusation is against husband of the deceased. Petitioner is in custody since 7.3.2021.

Learned counsel for the State and the informant

Patna High Court CR. MISC. No.43970 of 2021(3) dt.24-03-2022 2/2 oppose the prayer for bail and submits that there is specific allegation against the petitioner that he along with other family members subjected the victim to cruelty and finally they burnt her to death in a planned conspiracy.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, West Champaran, Bagaha in Chautarwa Police Station Case No. 64 of 2021.

(Prabhat Kumar Singh, J) shashi/- U T