Patna High CourtCR. MISC./6067/2021dismissed

Md. Lalo @ Md. Mubarak v. The State Of Bihar

2022-03-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6067 of 2021 Arising Out of PS. Case No.-488 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

MD. LALO @ MD. MUBARAK SON OF MD. MUSTUFA @ MD. MUSTUF RESIDENT OF VILLAGE - SIHE, WARD NO. 13, P.S. AND DISTRICT - SUPAUL 2.

KULSUM KHATOON @ BIBI SAHANA KHATUN WIFE OF MD. MUSTUFA @ MD. MUSTUF RESIDENT OF VILLAGE - SIHE, WARD NO. 13, P.S. AND DISTRICT - SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-03-2022 Heard Mr. Nafisuzzoha, learned Advocate for the petitioners and Mr. Ram Priya Sharan Singh for the State. The petitioners seek bail in anticipation of their arrest in connection with Supaul P.S. Case No. 488 of 2020 dated 13.07.2020 instituted for the offences under Sections 363, 364 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioners are brother-in-law and mother-in-law of the victim girl who is still traceless.

The learned counsel for the petitioners has submitted that the accusation is absolutely false. Certain materials have come during the course of investigation which indicate that the

Patna High Court CR. MISC. No.6067 of 2021(5) dt.24-03-2022 2/2 victim has run away along with her paramour.

However, such statements are based on no concrete evidence. The petitioners being the family members of the victim ought to know the whereabouts of their family member. Considering the fact that the victim is still traceless, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioners surrender before the court below and seek bail, their applications shall be considered on their own merits without being prejudiced by the fact that the present petition on their behalf has not been entertained. (Ashutosh Kumar, J) krishna/- U T