Abdullah Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57523 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- PALANWA District- East Champaran ====================================================== 1.

ABDULLAH MIAN S/o Subhan Mian R/o Village- Binwa Tola, Jaitpur, P.S.- Palanwa, Dist. East Champran.

2.

Subhan Miya S/o Late Aolayat Mian R/o Village- Binwa Tola, Jaitpur, P.S.- Palanwa, Dist. East Champran.

3.

Nagma Khatoon W/o Subhan Mian R/o Village- Binwa Tola, Jaitpur, P.S.- Palanwa, Dist. East Champran.

4.

Shabina Khatoon D/o Subhan Mian R/o Village- Binwa Tola, Jaitpur, P.S.- Palanwa, Dist. East Champran.

... ... Petitioners.

Versus

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

For the Petitioners :

Mr. Dhannjay Kumar No.2, Advocate For the Opposite Parties :

Mr. Lakshmi Kant Sharma Mr. Abhishek Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2, submitting that during pendency of this

Patna High Court CR. MISC. No.57523 of 2021(2) dt.30-06-2022 2/3 application petitioner no.2 has already been apprehended by the police.

Permission is granted.

Accordingly, this application is dismissed as withdrawn in respect of petitioner no.2 only. Now, this application survives for petitioner nos.1, 3 & 4.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The petitioners in association of other co-accused is said to have killed the daughter of the informant over nonfulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as they are in-laws of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are in-laws of the deceased and they have no concern with day to day affairs of the deceased of her husband. The husband of the deceased has been granted regular bail by the learned Court below. Petitioners have no criminal

Patna High Court CR. MISC. No.57523 of 2021(2) dt.30-06-2022 3/3 antecedent.

Having regard to the facts and circumstances of the case, 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 Palanwa P.S. Case No.46 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Trivedi/- U T