Md. Nawab @ Md. Kamrul Alam @ Kamrul Ansari @ Nawab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48867 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Md. Nawab @ Md. Kamrul Alam @ Kamrul Ansari @ Nawab S/O Late Md. Idrish Ansari R/O Dharhara Chowk, P.S- Banmankhi, Distt.- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar For the Opposite Party/s :
Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. As per the prosecution case, it is alleged that all the F.I.R. named accused persons including the petitioner have committed the murder of the daughter of the informant due to non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.48867 of 2023(3) dt.12-10-2023 2/2 the petitioner is father-in-law of the deceased. There is no specific overt act against the petitioner. He further submits that the husband of the deceased is already in judicial custody, it is mentioned in para- 59 and 64 of the case diary.. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/successor Court in connection with Banmankhi P.S. Case No. 14 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T