Patna High CourtCR. MISC./44658/2023dismissed

Md. Afroj v. The State Of Bihar

2023-08-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44658 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- BAUNSI District- Araria ====================================================== Md. Afroj, Son of Md. Israil, Resident of Village- Tamghatti, Radhika Tola, P.S. -BOUSI, District - Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bausi P.S. Case No. 21 of 2022 registered for the offences punishable under Section 304B, 34 of the Indian Penal Code.

3. As per the prosecution case, the marriage of the daughter of the informant was solemnized with the petitioner three months before the date of occurrence i.e. 16.02.2022. The allegation against the petitioner and other co-accused is that they have murdered the daughter of the informant by hanging due to non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that deceased had love affairs with another boy and when the same was objected by the petitioner and her in-laws, then she herself

Patna High Court CR. MISC. No.44658 of 2023(2) dt.29-08-2023 2/2 committed suicide by hanging herself and the petitioner has been falsely implicated in this case. The petitioner has never tortured the deceased and the allegation of dowry torture is false. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposes the prayer for anticipatory bail of the petitioner and submitted that petitioner is husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case, submissions of learned counsel for the parties and the serious allegation made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. The prayer is, accordingly, rejected.

(Sunil Dutta Mishra, J) saurabhkr/- U T