Rehaku @ Md Samiruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53482 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- SUKHANI District- Kishanganj ====================================================== REHAKU @ MD SAMIRUDDIN S/o Suleman Resident of VillageAambari, P.S.- Sukhani, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sukhani Police Station Case No. 18 of 2022, registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The prosecution case, as per the First Information Report, is that the marriage of the informant's sister was solemnized with co-accused Noorsad Alam and just after their marriage, they started demanding dowry and due to nonfulfillment of the said demand, the informant's sister was burnt alive by pouring kerosene oil on her by the accused persons, including the petitioner.

Patna High Court CR. MISC. No.53482 of 2022(2) dt.23-12-2022 2/3 Learned Counsel for the petitioner submits that the petitioner is not a family member of the deceased and he has falsely been implicated in this case only because he took the deceased to the hospital for her treatment. He further submits that the husband of the deceased is still in custody and the father-in-law and the mother-in-law of the deceased, on whom similar allegation has been levelled, have been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 06.12.2022, passed in Criminal Misc. No. 47112 of 2022. He further submits that the petitioner is in custody since 15.05.

2022, having no criminal antecedent and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that father-in-law and mother-in-law of the deceased has been granted anticipatory bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 15.05.2022, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail

Patna High Court CR. MISC. No.53482 of 2022(2) dt.23-12-2022 3/3 on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Sukhani Police Station Case No. 18 of 2022. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √