Md. Saimul Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38029 of 2020 Arising Out of PS. Case No.-161 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== 1.

Md. Saimul Safi, Male, aged about 55 years, Son of Late Bhutai Safi 2.

Dukhani Khatoon, Female, aged about 50 years, Wife of Md. Saimul Safi, both are resident of Village - Barhara, Ward No. 8, P.S.- Narpatganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceeding. The petitioners seek bail in connection with Narpatganj P.S. Case No. 161 of 2020 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. The prosecution story as per the fardbeyan of the informant is that marriage of his daughter Hanisha Khatoon @ Hansa was solemnized with Md. Kayim about two years back in which informant has given dowry wroth Rs.2 lacs. Jewellaries and other house-hold items worth Rs.1 lac. It is further alleged that soon after marriage after the accused persons including Md. Saimula Safi (father-in-law) and Dukhni Khatoon (mother-in-

Patna High Court CR. MISC. No.38029 of 2020(4) dt.07-04-2021 2/3 law) began to torture her for the fulfillment of dowry demand. It is also alleged that since last one month, all accused persons pressurize the daughter of the informant to bring Rupees One Lac from her Maika and threatened to kill his daughter. On 14.04.2020 at about 3 A.M., all accsued persons kill his daughter and upon this information, informant along with other persons went her Sasural, they saw the dead body of his daughter and all the accused persons also assaulted the informant and his persons.

Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely been implicated in this case mere on suspicion. Learned counsel for the petitioners further submits that the petitioners are old persons and living separately froml their son Md. Kayim and they have no concern with his family affairs. Petitioner no.1 is the fatherin-law and petitioner no.2 is the mother-in-law of the deceased. The husband of the deceased has not surrendered before the court below.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioners on bail. Accordingly, the prayer for bail of the above named petitioners

Patna High Court CR. MISC. No.38029 of 2020(4) dt.07-04-2021 3/3 in connection with Narpatganj P.S. Case No.161 of 2020 pending in the court of learned Chief Judicial Magistrate, Araria is hereby rejected. However, when the husband of deceased will surrender before the court below, then the petitioners may renew their prayer for bail.

(Anjani Kumar Sharan, J) Nasimul/- U T