Md. Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54114 of 2023 Arising Out of PS. Case No.-61 Year-2021 Thana- MAHILA P.S. District- Madhepura ====================================================== 1.
MD. SADDAM SON OF MD. HANIF RESIDENT OF VILLAGESARAUNI WARD NO. 12, PS- BIHARIGANJ, DIST- MADHEPURA 2.
BIBI KAILI @ VIVI KAILI @ KAILI KHATUN WIFE OF MD. HANIF RESIDENT OF VILLAGE- SARAUNI WARD NO. 12, PS- BIHARIGANJ, DIST- MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 498A, 323, 324, 379, 34, 302, 304B of the Indian Penal Code.
3. The petitioners along with other co-accused are said to have assaulted the informant on non-fulfillment of dowry demand. It is further alleged that during investigation they killed the informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather
Patna High Court CR. MISC. No.54114 of 2023(4) dt.27-02-2024 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioner no.1 is the brother-in-law and petitioner no.2 is the mother-inlaw of the informant/deceased and the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as there is no specific overt act 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madhepura Mahila P.S. Case No.61 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T