Mir Hussain @ Mir Hasan @ Amirul Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46988 of 2024 Arising Out of PS. Case No.-193 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Mir Hussain @ Mir Hasan @ Amirul Hasan S/o- Mohamudin Alam VillageBinwalia Ps- Palanwa Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Palanwa P.S. Case No. 193 of 2023 registered for the offences punishable under Sections 304 (B), 120 (B) and 34 of the Indian Penal Code.

3. As per prosecution case, petitioner and others are said to have committed the murder of informant's daughter for nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that petitioner is outsider and he is not the family member of the deceased. Petitioner is of different village and he has no knowledge about the whereabouts of

Patna High Court CR. MISC. No.46988 of 2024(2) dt.24-07-2024 2/2 husband of the deceased. The only allegation against the petitioner is that he made objection to take the victim without police or sarpanch.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, petitioner is not the family member of the deceased, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Palanwa P.S. Case No. 193 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T