Umer Ahmad @ Bahadur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59407 of 2024 Arising Out of PS. Case No.-395 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.
Umer Ahmad @ Bahadur Son Of Nasiruddin @ Nashruddin Resident Of Barah Pathar, Ward No.- 35, P.S.- Dehri, District - Rohtas. 2.
Aarif Ahmad Son Of Nasiruddin @ Nashruddin Resident Of Barah Pathar, Ward No.- 35, P.S.- Dehri, District - Rohtas. 3.
Najo Begam @ Noor Saiyyada Khatoon Daughter Of Alamgeer Ali Resident Of Village - Aurangabad Saraiya, P.S.- Tilauthu, District - Rohtas. At Present W/O Umer Ahmad, Resident Of Village - Barah Pathar, Ward No.- 35, P.S.- Dehri, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
3. The learned counsel for the petitioners submit that the petitioners are persons with clean antecedent and petitioner no. 3 is a woman and the informant alleges that his daughter was married to Hasan Ahamad in the year 2022, further after marriage, the accused persons including the petitioners started demanding dowry of Rs. 3 lacs and a motorcycle, the victim
Patna High Court CR. MISC. No.59407 of 2024(2) dt.12-09-2024 2/3 came to her parental home and disclosed about the demand and torture but the matter was sorted out and victim went back to her matrimonial home on 08.06.2024, further alleges that on 09.06.2024, she received information from the hospital that his daughter died during the course of treatment, as she had consumed poison. Accordingly, she went to the hospital and saw the dead body of his daughter.
4. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners are brothers and sister-in-law of the husband of the deceased. It is also submitted that petitioner no. 1 along with his wife (i.e. petitioner no. 3) lives in Mumbai and works in a factory while, petitioner no. 2 works in Bose clinic at Dehri. It is also submitted that husband of the deceased is in custody. It is next submitted that even allegation of demand and torture is general and omnibus in nature. It is further submitted that whenever any dispute arises in between the husband and the wife and an occurrence in the nature as alleged takes place. The entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegation.
5. The learned APP for the State opposes the
Patna High Court CR. MISC. No.59407 of 2024(2) dt.12-09-2024 3/3 anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri (Rohtas) in connection with Dehri (T) P.S. Case No. 395 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J.) Sudhanshu/- U T