Badrul @ Md. Badrul Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41631 of 2023 Arising Out of PS. Case No.-692 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== 1.
BADRUL @ MD. BADRUL ANSARI SON OF M. AZIZ @ AZIZ RESIDENT OF VILLAGE - KADRI MOHALLA WARD NO.16, POLICE STATION - FORBESGANJ, DISTRICT - ARARIA 2.
SAHANWAJ KHATOON @ SAHNAZ KHATOON WIFE OF SAFI ALAM @ SAFI AHMAD RESIDENT OF VILLAGE - KADRI MOHALLA WARD NO.16, POLICE STATION - FORBESGANJ, DISTRICT - ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Forbesganj P.S. Case No.692 of 2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code.
3. As per prosecution case, petitioners and others are said to have committed the murder of informant's daughter on account of non fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as
Patna High Court CR. MISC. No.41631 of 2023(2) dt.02-08-2023 2/3 alleged in the FIR and they have falsely been implicated in this case as they are co-villagers of the husband of the deceased. He further submits that petitioners bear no criminal antecedent. He further submits that there is no eye witness to the alleged occurrence even the informant is not eye witness to the alleged occurrence. Except suspicion, there is nothing on record to connect the petitioner with the alleged occurrence. He further submits that co-accused Firoz and others have already been granted anticipatory bail vide Cr. Misc. No. 1733 of 2023 by the co-ordinate Bench of this Court and the case of present petitioner stands on similar footing.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, coaccused have already been granted anticipatory bail by the coordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)
Patna High Court CR. MISC. No.41631 of 2023(2) dt.02-08-2023 3/3 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ararai in connection with Forbesganj P.S. Case No.692 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T