Samsuddin Miya @ Samsuddin Mansoori v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36661 of 2024 Arising Out of PS. Case No.-52 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== 1.
Samsuddin Miya @ Samsuddin Mansoori Son Of Late Kitabuddin Miya Resident Of Village - Gangajal, Police Station - Dariapur, Dist- Saran 2.
Ahmad Ali @ Ahmad Ali Mansoori Son Of Samsuddin Miya @ Samsuddin Mansoori Resident Of Village - Gangajal, Police Station - Dariapur, DistSaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anis Akhtar For the Opposite Party/s :
Mr. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the DP Act.
3. As per allegation in the FIR, petitioner in connivance with his other family members had killed the daughter of the informant for want of dowry and they left the dead body at home and fled away. Informant and others went there and saw that dead body of his daughter was lying in the courtyard and then the matter was informed to the police and
Patna High Court CR. MISC. No.36661 of 2024(3) dt.02-07-2024 2/3 thereafter the present case.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioner no. 1 is dever and petitioner no. 2 is father-in-law of the deceased. Specific allegation of demanding motorcycle is against the husband, who is already behind the bar since 4.12.2023. Both the petitioners have no concern with the mess and business of the deceased or her husband. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 14.12.2023 passed in Cr. Misc. No. 80479 of 2023.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dariyapur P.S. Case no. 52 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra
Patna High Court CR. MISC. No.36661 of 2024(3) dt.02-07-2024 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U