Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50801 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- JOKIHAT District- Araria ====================================================== 1.

MD. SALAM SON OF VAJJUDDIN R/O VILLAGE- RANI, WARD NO.- 7, P.S.- JOKIHAT, DISTRICT- ARARIA 2.

BIBI HUSNI WIFE OF MD. SALAM R/O VILLAGE- RANI, WARD NO.- 7, P.S.- JOKIHAT, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 302, 201/34 of IPC.

Allegedly, the accused persons named in F.I.R. including the petitioners tortured upon the informant physically and mentally. They killed her 2 years old daughter and hurriedly buried her dead body.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.50801 of 2022(2) dt.12-12-2022 2/3 They have been falsely implicated in this case. The petitioner no.1 is the father -in- law and petitioner no.2 is the mother-inlaw of the informant. No such occurrence, in the manner as alleged, has ever taken place. FIR was instituted after unexplained delay of four days. It is further submitted that the informant is living under influence of her mother. She has been quarreling and misbehaving with petitioners and used to leave matrimonial home very often. Her 2 years old daughter was very weak and was suffering from some stomach ailment. The illness of the child was well within the knowledge of the informant and yet she left her and went to her Naiher.

The petitioners have been implicated in this case only because he happens to be the father-in-law and mother-in-law of the informant. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is general and omnibus allegations against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.50801 of 2022(2) dt.12-12-2022 3/3 the learned court below where the case is pending/Successor Court in connection with Jokihat P.S. Case No.189 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T