Ajim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44801 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MATIYARIA District- West Champaran ====================================================== AJIM KHAN, Son of Kalim Khan Resident of Hauda Dumara, P.S.- Matiyaria, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Matiyaria P.S. Case no. 08 of 2019, registered under Sections 302 and 201/34 of the Indian Penal Code. The accusation is that the marriage of Afsana Khatoon, daughter of the informant, was performed with Nasim Khan before 14 years, but after the marriage, daughter of the informant was being tortured for demand of motorcycle and cash of Rs. One lakh and before five months, the daughter of the informant was brutally assaulted then informant went at her matrimonial house and tried to pacify the matter. On 16.02.2019, Afsana Khatoon, daughter of the informant informed on telephone that due to non-fulfillment of demands,

Patna High Court CR. MISC. No.44801 of 2019(2) dt.22-07-2019 2/3 she was being threatened then informant sent his son at the matrimonial house of his daughter then his son found that Afsana Khatoon was lying dead on the cot and her family members were preparing to buried her dead body. Learned counsel for the petitioner submits that petitioner is the brother-in-law of the deceased, daughter of the informant. Further submission is that, admittedly, the marriage of the daughter of the informant was performed with Nasim Khan, brother of the petitioner before 14 years.

Further submission is that, in fact, petitioner used to reside separate from his brother Nasim and daughter of the informant committed suicide due to quarrel in between deceased and her husband, but due to ulterior motive, the whole family members of the petitioner were implicated in this case. Moreover, the husband of the deceased Nasim is in custody since 19.02.2019. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Matiyaria P.S.

Patna High Court CR. MISC. No.44801 of 2019(2) dt.22-07-2019 3/3 Case No. 08 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T