Attaullaha Khan @ Kauwal Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36654 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Attaullaha Khan @ Kauwal Saheb S/o- Late Molajim Khan Resident of village- Nakardei, Uttari Mansingha, P.S- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sugauli P.S. Case No. 98 of 2025 instituted for the offence under Sections 80 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 3.

Prosecution case as emanated from the FIR is that the daughter of the informant was done to death at her matrimonial house by her in-laws due to non-fulfillment of the demand of dowry.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-03-2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.36654 of 2025(2) dt.17-06-2025 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the father-in-law of the deceased and he is 75 years old and suffering from different kind of old disease. No specific allegation is attributed to the petitioner, rather allegation is general and omnibus in nature. It is submitted that deceased has died by committing suicide herself. Petitioner is separate in mess and property from the husband of the deceased. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no direct allegation against the petitioner and old age of the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli P.S. Case No. 98 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T