Patna High CourtCR. MISC./61297/2021partly allowed disposal

Saddam v. The State Of Bihar

2022-07-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61297 of 2021 Arising Out of PS. Case No.-145 Year-2021 Thana- JOKIHAT District- Araria ====================================================== 1.

SADDAM Son of - Latif @ Md. Latif Resident of Village - Jogindar Ward No. -11, P.S. - Mahalgaon, District - Araria. 2.

Nasim @ Md. Nasim @ Sukkhan Son of - Amin Resident of Village - Jogindar Ward No. -11, P.S. - Mahalgaon, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2022 At the outset of argument, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail petition of petitioner No.1, Saddam.

Permission is accorded.

Anticipatory bail petition of petitioner No.1 is dismissed as withdrawn.

Heard learned counsel for the petitioner No.2 and the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

It is a case of dowry death.

Patna High Court CR. MISC. No.61297 of 2021(2) dt.11-07-2022 2/2 Learned counsel appearing for the petitioner No.2 submits that petitioner is innocent and has falsely been implicated in the case. Petitioner No.2 is co-villager of the deceased and he is not related to the family of deceased and he has got no concern with the family affairs of the deceased or her husband. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner No.2, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgao) PS case No. 145/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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