Shekh Imroz @ Shaikh Imroz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41137 of 2022 Arising Out of PS. Case No.-511 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== Shekh Imroz @ Shaikh Imroz Alam Son of Sk. Amjad Resident of Village - Kairtiya, Baldiha, P.S.- Yogapatti (Nawalpur), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Yogapatti (Nawalpur) P.S. Case No. 511 of 2020 registered for the offences punishable under sections 304(B)/34 of the Indian Penal Code.

As per the prosecution, the informant has alleged that the informant's daughter (deceased) was married to Sheikh Meraj three years ago. Thereafter, her in-laws demanded dowry of Rs. Two Lakhs for visiting Saudi Arabia. Further it is alleged that the deceased was administered with poison by her in-laws for

Patna High Court CR. MISC. No.41137 of 2022(2) dt.07-11-2022 2/3 non-fulfillment of the demanded dowry.

The main submissions advanced by learned counsel Shri Bimlesh Kumar Pandey appearing for the petitioner are that the petitioner is brother-in-law of the deceased, who has been living separately from the family of the deceased and he has no concern with the family affairs of the deceased's husband, against him in the FIR there is no specific allegation and similarly situated co-accused persons have been granted bail by this Court vide orders passed in Cr. Misc. No. 31671 of 2021 and Cr. Misc. No. 34884 of 2021.

Shri Pranav Kumar, learned APP appearing for the State has opposed the prayer for bail.

In view of the above submissions and mainly considering the facts that the petitioner is stated to be brother-in-law of the deceased and against him there is no specific allegation of dowry demand and cruelty in the FIR and similarly situated coaccused persons have been granted bail by co-ordinate Benches of this Court vide orders passed in above mentioned Cr. Misc. Cases, in the opinion of this Court the petitioner also deserves to the same privilege of bail, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief

Patna High Court CR. MISC. No.41137 of 2022(2) dt.07-11-2022 3/3 Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti (Nawalpur) P.S. Case No. 511 of 2020. (Shailendra Singh, J.) maynaz/- U T