Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52604 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- SUKHANI District- Kishanganj ====================================================== SULEMAN S/O MANWAR ALI RESIDENT OF VILLAGE- AAMBARI, P.S.- SUKHANI, DISTRICT- KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

Petitioner apprehends his arrest in a case registered for offence punishable u/s 304B, 34 IPC & 3⁄4 Dowry Prohibition Act, 1961. Allegedly, accused person Nurshad Alam demanded dowry and assaulted informant's sister and on 21.04.2022, informant's sister was burnt by pouring kerosene oil and she received burn injury and died in course of treatment.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further stated that the petitioner is not relative of deceased matrimonial people/other co-

Patna High Court CR. MISC. No.52604 of 2022(2) dt.13-12-2022 2/2 accused and he and his son only took the deceased to the hospital by his son vehicle to save her life. There is general and omnibus allegation against the petitioner. The petitioner has never demanded dowry or tortured the deceased. Petitioner resides separately and not connected with day to day activity and not interfere daily affairs of deceased and her husband. All allegations are frivolous and concocted. Learned counsel for the petitioner further submits that husband of the deceased is already in judicial custody. Petitioner has 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 no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) 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 Sukhani P.S. Case No.18 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