Md Nayeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40766 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- DAGARUA District- Purnia ====================================================== 1.

MD NAYEEM Son of Late Ismail Resident of Village - Mahamdiya, P.S.- Dagarua, Distt.- Purnea.

2.

Zohra Khatoon Son of W/o Md. Nayeem Resident of Village - Mahamdiya, P.S.- Dagarua, Distt.- Purnea.

3.

Md. Munna @ Moin Son of Md. Nayeem Resident of Village - Mahamdiya, P.S.- Dagarua, Distt.- Purnea.

4.

Md. Ashique @ Md. Hanif Son of Ashif Resident of Village - Mahamdiya, P.S.- Dagarua, Distt.- Purnea.

5.

Masina Khatoon @ Nikhat Parween W/o Md. Ashique Resident of Village - Mahamdiya, P.S.- Dagarua, Distt.- Purnea.

6.

Shahin Praween W/o Munna Resident of Village - Mahamdiya, P.S.- Dagarua, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioners as well as learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 302 and 498(A)/34 of the IPC.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.40766 of 2022(2) dt.24-11-2022 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws of the deceased. The petitioners have been living separate in mess and properties, much prior to alleged occurrence of the deceased. The husband of the deceased in already in judicial custody and charge sheet has been submitted against him for offence u/s 306/498(A) of IPC, but the court below differing from the final form report took cognizance under section 302, 498(A) and 34 of IPC. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners and the husband of the deceased is already in judicial custody, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.40766 of 2022(2) dt.24-11-2022 3/3 the learned court below where the case is pending/Successor Court in Dagarua P.S. Case No.188 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T