Munna @ Aslam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41872 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- BAUGHAT District- Sheikhpura ====================================================== Munna @ Aslam Khan s/o Md. Eqbal Resident of village-Alapur, P.S.- Baughat,District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sheo Nandan Prasad, Advocate Mr. Rajnish Kumar, Advocate For the State :

Mr. Zainul Abedin, APP For the Informant :

Mr. Bijay Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.

3. It is a case of "dowry death". It is alleged that all the accused persons named in the F.I.R., including this petitioner, killed the grand-daughter of the informant due to non-fulfillment of demand of dowry.

4. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case merely because he happens to be brother-in-law (devar) of the deceased. There is no specific allegation alleged against the petitioner and he is separate in mess & property and has got no

Patna High Court CR. MISC. No.41872 of 2024(2) dt.18-07-2024 2/2 concern with the affairs of the deceased and her husband. It is further submitted that thrust of the allegation is against husband of the deceased, who is already in custody. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Sheikhpura, in connection with Baughat P.S. Case No. 08 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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