Patna High CourtCR. MISC./55299/2023bail granted

Afsar Ali v. The State Of Bihar

2023-08-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55299 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- BARARI District- Katihar ====================================================== 1.

AFSAR ALI SON OF LATE MD. NASIMUDDIN RESIENT OF VILLAGE - BAISHAKHA GHAT, P.S. - BARARI, DISTRICT - KATIHAR. (THAT THE NAME OF PETITIONER NO.1 ON THE TOP OF IMPUGNED ORDER, AGE OF PETITIONERS AND NAME OF VILLAGE HAS WRONGLY BEEN TYPED IN THE IMPUGNED ORDER) 2.

JARINA KHATUN @ JORINA WIFE OF AFSAR ALI RESIENT OF VILLAGE - BAISHAKHA GHAT, P.S. - BARARI, DISTRICT - KATIHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar , Advocate For the Opposite Party/s :

Mr. Shailendra Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2023 1 . Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 304 (B), 302/ 34 of the Indian Penal Code .

3 . It is a case of dowry death .

4. Petitioner No. 1 is father-in-law and Petitioner No. 2 is mother-in-law of the deceased. They are separate in mess and property. There is no specific allegation against them and they have no concern with the love affairs of the couple. Thrust of accusation is against the husband of the

Patna High Court CR. MISC. No.55299 of 2023(2) dt.24-08-2023 2/2 deceased who is already in custody since 27.04.2023 . Petitioners claim clean antecedent.

5 . Learned counsel for the State opposes the bail petition .

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III , Katihar in connection with Barari P . S. Case No . 133 of 2023 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

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