Md. Murshid @ Idrish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51296 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- TARAPUR District- Munger ====================================================== 1.

Md. Murshid @ Idrish Son of Late Md. Maqsud Resident of Vill- Fatehpur Near Imambra, P.S.- Industrial Area, District- Bhagalpur. 2.

Khushbu Khatoon Wife of Md. Murshid @ Idrish Resident of Vill- Fatehpur Near Imambra, P.S.- Industrial Area, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. It is a case of dowry death. Allegation against these petitioners is of killing the daughter of informant due to nonfulfillment of demand of dowry.

4. Petitioner No. 1 is brother-in-law and petitioner No. 2 is sister-in-law of the deceased.

5. It is submitted that petitioners are not named in the F.I.R. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.51296 of 2024(2) dt.29-08-2024 2/2 petitioners. Petitioners are separate in mess and property and they are not concerned with the family affairs of the deceased. Moreover, thrust of accusation is against husband of the deceased who is already in custody. Petitioners claim clean antecedent.

6. Learned A.P.P. for the State vehemently opposed the bail application.

7. Considering the fact that thrust of accusation is against husband of the deceased who is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-cum-SubJudge-IV, Munger in connection with Tarapur P. S. Case No. 201 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T