Md. Sakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42400 of 2025 Arising Out of PS. Case No.-558 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
Md. Sakur Son of Late Md. Diljaan Resident of Village - Sahebganj, Ithari, Ward No.- 08, P.S.- Murliganj, District - Madhepura. 2.
Bibi Jamila Wife of Md. Sakur Resident of Village - Sahebganj, Ithari, Ward No.- 08, P.S.- Murliganj, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Murliganj P.S. Case No.558 of 2024 under Sections 80 and 3(5) of the BNS, 2023.
3. As per the prosecution, the FIR has been lodged against four named accused persons including the petitioners against whom there is allegation that marriage of the grand daughter of the informant was solemnized 15 months prior to lodging the FIR. The demand of Rs.2 lac was made from petitioners side. Upon non-fulfillment of the said demand, they
Patna High Court CR. MISC. No.42400 of 2025(2) dt.09-07-2025 2/3 started torturing. It has been alleged by the informant that on complaint made by his daughter, he himself visited to her sasural and requested not to do such things, even then such occurrence took place.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners have been falsely implicated in this case. He further submits that petitioner No.1 is aged about 78 years and petitioner No.2 is aged about 72 years and husband of the deceased is in custody since 10.12.2024.
5. Counsel also submits that antecedent of the petitioners is clean and due to old age, consideration may be made.
6. Learned APP for the State opposes the prayer for bail and dowry death has taken place which is within 15 months of the marriage. In the rejection order, different paragraphs of the case diary has supported the allegation of demand of dowry. The post-mortem report indicates that death has been caued due to strangulation.
7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners, therefore the bail application of the petitioners is hereby
Patna High Court CR. MISC. No.42400 of 2025(2) dt.09-07-2025 3/3 rejected.
8. However, trial court is directed to consider the regular bail application of the petitioners, if they surrender within 4 weeks from today and pray for regular bail, then trial court shall pass order on merit without being prejudice of the present order preferably on the same day.
(Dr. Anshuman, J.) Prakashmani/- U T