Md. Saif Ali @ Saif Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53262 of 2025 Arising Out of PS. Case No.-256 Year-2024 Thana- ROH District- Nawada ====================================================== Md. Saif Ali @ Saif Ali S/o Late Md. Somar @ Somar Sheikh R/o VillageKoshi, P.S.- Roh, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 108, 80, 3(5) of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his daughter was married to Md. Shaiful Shaikh in the year 2020, after marriage, the victim gave birth to a son, further the accused person used to torture and assault her, and on 26-3-2024, the informant received an information that his daughter died, accordingly he reached the place where he found the dead body of his daughter lying on a bed, the dead body was sent for post-mortem. It is further alleged that the daughter was
Patna High Court CR. MISC. No.53262 of 2025(2) dt.18-08-2025 2/3 killed for non-fulfillment of dowry demand of Rs. 1 lakh. 4.
The learned counsel for the petitioner submits that petitioner has been falsely implicated by the informant with general and omnibus allegation. It is also submitted that informant is not an eyewitness to the occurrence. It is next submitted that the dead body of the daughter of the informant was lying in the matrimonial house, as such, had the petitioner been involved in the occurrence, in that event efforts would have been made by the family members of the husband of the deceased to dispose of the dead body with a view to conceal evidence, but the same was not done, rather the body was sent for post-mortem. It is also submitted that whenever any occurrence of the nature as alleged takes place, the entire family members are implicated in a mechanical matter. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. It is further submitted that husband is also availing his remedy available in law seeking anticipatory bail.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.53262 of 2025(2) dt.18-08-2025 3/3 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Roh P.S. Case No. 256 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7.
However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 8.
Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T