Md. Abdul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50047 of 2024 Arising Out of PS. Case No.-34 Year-2022 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== MD. ABDUL SON OF MD. SALEEM @ SALEEM MIYA R/O- VILLAGEMADHAIPUR, P.S.- SIWAIPATTI, DISTT.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Siwaipatti P.S. Case No. 34 of 2022, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and

Patna High Court CR. MISC. No.50047 of 2024(2) dt.21-08-2024 2/2 based on concocted facts. The real fact is that on the date of occurrence, the petitioner was not even present in the house. He has no role in the alleged occurrence. It is further submitted that two years old son of the deceased and the petitioner is living under the care of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, as petitioner is husband of the deceased, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T