Md.Vakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37028 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- DULHIN BAZAR District- Patna ====================================================== Md.Vakil Son Of Md. Israil Miyan Alias Md. Isarail Resident of VillageBharatpura, P.S.-Dulhin Bazar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard both parties.

The petitioner apprehends his arrest in Dulhin Bazar P.S. Case No. 66 of 2021, registered for the offences punishable under Sections 328, 304B/34 of the Indian Penal Code. Prosecution case in brief is that petitioner along with others committed murder of the sister of informant due to nonfulfillment of demand of dowry. It is submitted that petitioner has been falsely implicated in this case due to village politics. In fact, the deceased by mistake consumed the poisonous oil in confusion of cough syrup and she was taken to PMCH where she gave her statement, but unfortunately she died. In the statement it is stated that no poison was given to her rather she consumed the poison due to mistake as she was illiterate. Petitioner claims

Patna High Court CR. MISC. No.37028 of 2022(2) dt.07-11-2022 2/2 clean antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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