Md. Javir @ Md. Jabir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39584 of 2024 Arising Out of PS. Case No.-251 Year-2021 Thana- HISUWA District- Nawada ====================================================== Md. Javir @ Md. Jabir Hussain S/O - MD. JAWED R/O VILL- BASTI BIGHA, P.S- HISUA, DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Kamaluddin For the Opposite Party/s:

Mrs. Anita Kumari Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Prosecutor for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 304(B), 34 of the IPC. 3.

As per the prosecution case, allegation against the petitioner is that he along with his family members killed the daughter of the informant due to non-fulfillment of demand for dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this

Patna High Court CR. MISC. No.39584 of 2024(2) dt.31-07-2024 2/3 case due to enmity. There is general and omnibus allegation against the petitioner. There is no specific overt act against the petitioner. Petitioner is the brother-in-law of the deceased and the husband of the deceased is in judicial custody. The petitioner has no criminal antecedent and has been rotting in judicial custody since 20.02.2024. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the marriage of the deceased was solemnized with the brother of the petitioner on 28.02.2021 and she was killed in her marital house on 17.05.2021, therefore, it is not a fit case for grant of bail.

6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Hisua P.S. Case No.251 of 2021.

7.

However, petitioner is directed to co-operate in the trial and shall remain physically present in the court on each and every date during trial and in the event of failure on two con-

Patna High Court CR. MISC. No.39584 of 2024(2) dt.31-07-2024 3/3 secutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (Anjani Kumar Sharan, J) shikha/- U T