← Library
Patna High CourtCR. MISC./58197/2022allowed

Bibi Raheena v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58197 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- JALALGARH District- Purnia ====================================================== 1.

BIBI RAHEENA Wife of Md. Ashfaque @ Ashfaque R/V- Lachhanpur, P.SJalalgarh, Dist- Purnia 2.

Md. Ashfaque @ Ashfaque Son of Late Tahir R/V- Lachhanpur, P.SJalalgarh, Dist- Purnia 3.

Md. Imtiyaz Son of Md Ashfaque @ Ashfaque R/V- Lachhanpur, P.SJalalgarh, Dist- Purnia 4.

Md. Iftikhar Son of Md Ashfaque @ Ashfaque R/V- Lachhanpur, P.SJalalgarh, Dist- Purnia 5.

Bibi Rashida @ Rashida Khatoon Daughter of Md. Ashfaque @ Ashfaque R/V- Lachhanpur, P.S- Jalalgarh, Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith their family members have killed the daughter of the informant due to non-fulfillment of demand for dowry. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.58197 of 2022(2) dt.03-01-2023 2/2 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 general and omnibus in nature. There is no specific overt act against the petitioners. The petitioners are the in-laws of the deceased. The husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

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 Jalalgarh P.S. Case No.107 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T