Md. Habib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42129 of 2024 Arising Out of PS. Case No.-60 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== 1.
Md. Habib Son Of Md. Ajim Resident Of Village - Amhara, Ward No. - 12, P.S. - Forbesganj, District - Araria 2.
Md. Amjad Son Of Md. Habib Resident Of Village - Amhara, Ward No. - 12, P.S. - Forbesganj, District - Araria 3.
Wasim Son Of Md. Habib Resident Of Village - Amhara, Ward No. - 12, P.S. - Forbesganj, District - Araria 4.
Md. Chhotu Son Of Md. Habib Resident Of Village - Amhara, Ward No. - 12, P.S. - Forbesganj, District - Araria 5.
Sajo Khatoon Wife Of Md. Habib Resident Of Village - Amhara, Ward No. - 12, P.S. - Forbesganj, District - Araria 6.
Sabana Khatoon Wife Of Naushad Resident Of Village - Amhara, Ward No. - 12, P.S. - Forbesganj, District - Araria 7.
Md. Naushad Son Of Langru Resident Of Village - Amhara, Ward No. - 12, P.S. - Forbesganj, District - Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Forbesganj P.S. Case no. 60 of 2022 instituted for the offence under Sections 365, 302, 201/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.42129 of 2024(3) dt.02-08-2024 2/3 Prosecution case in nutshell is that marriage of informant's daughter was solemnized with co-accused Md. Raja as per Muslim rites. She was blessed with two children out of the said wedlock. It is further alleged that her in-laws used to assault and torture her upon which she conveyed the message to the informant. A panchayati took place between them. It is further alleged that on 12.01.2022, informant got secret information that his daughter became trace-less. When he rushed to matrimonial house of her daughter, he did not find her there. By the villagers, she came to know that F.I.R. named accused persons assaulted her daughter in the night. Informant has strong suspicion about involvement of accused persons in the alleged offence.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. Petitioner No. 1 to 5 are in-laws of the deceased and petitioner No. 6 & 7 are agnates of the victim, namely, Hamida Khatoon. They have no concern with the mess and business of the victim as well as her husband and they live separately with them. They have no concern
Patna High Court CR. MISC. No.42129 of 2024(3) dt.02-08-2024 3/3 with dispute, if any, between the victim and her husband. It is further submitted that husband of the deceased, namely, Md. Raja is languishing in judicial custody since 27.03.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Forbesganj P.S. Case no. 60 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Nirajkrs/- U T