Elahi Hawari @ Ilahi Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51067 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

ELAHI HAWARI @ ILAHI MIAN S/O Late Khalil Mian R/O VillageBandhu Barwa, P.S- Ramgarhwa, Distt.- East Champaran. 2.

SABILA KHATOON W/O Elahi Hawari @ Ilahi Mian R/O Village- Bandhu Barwa, P.S- Ramgarhwa, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Ramgarhwa P.S. Case No. 424 of 2022 registered for the offence under Sections 304B/34 of the Indian Penal Code and Sections 3/4 of D.P. Act.

The prosecution case, in brief, is that the petitioners along with others used to torture and assault the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that on 6.12.2022, the informant came to know that is daughter was committed murder by strangulation. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.51067 of 2023(2) dt.11-08-2023 2/2 petitioners are innocent and have committed no offence. The petitioners are father-in-law & mother-in-law of the deceased due to which they have falsely been implicated in the present case. The petitioners have no concern mess and business of the deceased as well as her husband and live separately from them. It is further submitted that the husband of the petitioner is already in custody upon whom, it was his responsibility to keep his wife well. The petitioners have got no criminal antecedent and languishing in judicial custody since 1.5.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ramgarhwa P.S. Case No. 424 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., East Champaran, Motihari.

(Sunil Kumar Panwar, J) Amandeep/- U T