Anjar Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36270 of 2019 Arising Out of PS. Case No.-182 Year-2018 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Anjar Nadaf, aged about 23 years (Male), Son of Md. Akhtar 2.

Kuraisa Khatoon, aged about 58 years (Female), Wife of Md. Akhtar, both resident of Village - Rohri, P.S.- Maheshkhunt, Distt - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 304(B) of the Indian Penal Code.

The prosecution case is that one Javed Alam, son of Ishrafil, resident of village= Chakrami, P.S.- Bihpur, DistrictBhagalpur has given a written report before the Officer-inCharge of Maheshkhunt P.S. on 16.12.2018 whereby and where under he has alleged that his sister Rozi Khatoon was married with Amjad Nadaf on 18.07.2018, after one month of the marriage, the sister of the informant informed him that her husband, mother-in-law and brother-in-law Anzar Nadaf were

Patna High Court CR. MISC. No.36270 of 2019(3) dt.14-08-2019 2/3 demanding motorcycle as dowry. Informant gave Rs. 40,000/- to purchase motorcycle, thereafter, the husband and other accused named in the FIR started demanding Rs. 2,00,000/- and lastly informant went at the house of the petitioner and asked him to allow his sister to go with him, but the petitioner denied and on 13.12.2018 at 6.00 p.m. in the evening, he was informed by the villagers of the petitioners that his sister was burnt after pouring kerosene oil and she was seriously injured. The informant came to Khagaria Hospital on that information where his sister disclosed him due to non payment of Rs. 2,00,000/-, the husband, his mother and brother poured kerosene oil on her body and set fire. The informant took his sister to Begusarai for better treatment where she died on 15.12.2018 at about 1.30 p.m.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioners have committed no any offence. Learned counsel for the petitioners has further submitted that husband of the deceased is in jail. Petitioner no.1 is Dewar and petitioner no.2 is the mother-in-law of the deceased. In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.36270 of 2019(3) dt.14-08-2019 3/3 surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Maheshkhunt P.S. Case No. 182 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T