Md Rashid @ Abadul Rasid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52346 of 2024 Arising Out of PS. Case No.-502 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== 1.
Md Rashid @ Abadul Rasid Son of Late Khalil R/O Vill.- Tinpaniya, Kasba, P.S.- Kasba, Dist.- Purnea 2.
Bibi Nanki Khatoon @ Minu Mumtaz Wife of Abadul Rasid R/O Vill.- Tinpaniya, Kasba, P.S.- Kasba, Dist.- Purnea ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their case in connection with Forebesganj P.S. Case No. 502 of 2023 registered for the offence under Section 363, 366 of Indian Penal code.
3. As per the prosecution case, the daughter of the informant went missing from the house of the informant and on search the whereabouts of the victim could not be found. It is further alleged that the victim was married to the coaccused namely Md. Sarfaraz and after the marriage the
Patna High Court CR. MISC. No.52346 of 2024(3) dt.25-09-2024 2/3 victim was harassed by the in-laws for demand of dowry. When the informant went to the matrimonial house of the victim, all the family members already left the house.
4. It is submitted that the petitioners are quite innocent and have been falsely implicated in this case. No specific overt act has been attributed against the petitioners. The allegation levelled against the petitioners are general and omnibus in nature. It is admitted fact that the victim went missing from the house of the informant itself and the petitioners had no role in the alleged occurrence. Petitioners have one criminal antecedent as mentioned in para-3 of this application.
5. Learned counsel for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that the victim was missing from her own house, 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 lower Court
Patna High Court CR. MISC. No.52346 of 2024(3) dt.25-09-2024 3/3 where the case is pending/successor Court in connection with Forbesganj P.S. Case No. 502 of 2023, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Suruchi/- U T