Mohammad Shamim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46587 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.
MOHAMMAD SHAMIM ANSARI SON OF ISRAIL ANSARI RESIDENT OF G.F. RAHMAN COLONY, SHARIFGANJ, PS- KATIHAR SAHAYAK, DISTT- KATIHAR 2.
JAMEELA KHATOON WIFE OF MOHAMMAD SHAMIM ANSARI RESIDENT OF G.F. RAHMAN COLONY, SHARIFGANJ, PS- KATIHAR SAHAYAK, DISTT- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP For the Informant :
Mr.Pawan Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC and 3⁄4 of the D.P. Act.
3. As per the prosecution case, the F.I.R. named accused persons including the petitioners killed the daughter of the informant due to non-fulfillment of demand of dowry.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the
Patna High Court CR. MISC. No.46587 of 2023(4) dt.05-10-2023 2/2 petitioners is not specific rather general and omnibus in nature. Petitioners are the father-in-law and the mother-in-law of the deceased and they used to live separately from their son and the deceased since long. The husband and the brother-in-law of the deceased are already in judicial custody. Petitioners have no criminal antecedent.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nagar Sahayak P.S. Case No.65 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T