Md. Sahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54839 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Md. Sahid Son Of Late Fida Hussain @ Md. Fida Hussin Village- Purvi Nun Gola, Ward No. 19, P.S.- Hajipur Town, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. The defects as pointed out by the office is ignored.

4. Learned counsel for the petitioner submits that petitioner is in custody since 14.01.2024 and is a person with clean antecedent and the informant alleges that her daughter was married to Md. Jahid on 28.04.2023, after marriage, the accused was demanding dowry of Rs.2 lacs and for non-fulfillment of the demand, she was killed, further on coming to know about the occurrence, the informant reached the place of occurrence and found the dead body of her daughter lying and the accused persons had fled.

5. The learned counsel submits that petitioner has been

Patna High Court CR. MISC. No.54839 of 2024(3) dt.27-09-2024 2/2 falsely implicated being brother-in-law of the deceased. It is next submitted that from perusal of the allegation as alleged in the F.I.R, it would manifest that the allegation of demand of dowry is general and omnibus in nature. It is also submitted that informant is not an eyewitness to the occurrence. It is next submitted that whenever any occurrence of the nature takes place on account of dispute in between the husband and the wife, the entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegation. It is next submitted that petitioner will not abscond rather will co-operate in the trial.

6. Learned A.P.P. opposes the prayer for bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is brother-in-law of the deceased, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.27/2024.

(Satyavrat Verma, J) amit/- U T