Md. Shafeuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48900 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

Md. Shafeuddin S/o Late Md. Islam Ray, Resident of Muzaffar Ahmad Nagar (Loot Mohalla), P.O. and P.S.- K. Hat (Sahayak), District- Purnea 2.

Hasraati Khatoon W/o Md. Shafeuddin Ray, Resident of Muzaffar Ahmad Nagar (Loot Mohalla), P.O. and P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with K. Hat (Sahayak) P.S. Case No. 265 of 2022 lodged under Sections 341, 323, 498(A), 304(B) and 120(B) of the I.P.C. As per prosecution case, there is allegation of torture and killing for demand of dowry by the petitioners and their entire family members.

Learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the deceased.

Patna High Court CR. MISC. No.48900 of 2022(2) dt.18-11-2022 2/3 Counsel further submits that husband of the deceased is already in custody. He further submits that antecedent of the petitioners are clean and they are in custody since 18.03.2022. Counsel further submits that after going through the F.I.R. it is crystal clear that all the allegations are general and omnibus in nature. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 265 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of their bail bonds.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.48900 of 2022(2) dt.18-11-2022 3/3 petitioners.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T