Md. Sahjad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60859 of 2022 Arising Out of PS. Case No.-62 Year-2011 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

MUSKI @ PHULAYO DEVI @ PHULO DEVI Wife of Nagendra Sah Resident of Mohalla- Balu Ghat, Karpuri Nagar, Ward No. 15, School Road, P.S- Town, Dist- Muzaffarpur 2.

Nagendra Sah Son of Late Brahma Sah Resident of Mohalla- Balu Ghat, Karpuri Nagar, Ward No. 15, School Road, P.S- Town, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per prosecution, it is a case dowry death due to non-fulfillment of dowry demand.

Learned counsel for the petitioners submits that the petitioners are innocent and committed no offence. It is submitted that petitioners are 'Bhaisure' and Jethani of the deceased and had no concern with their day to day affairs of the

Patna High Court CR. MISC. No.60859 of 2022(2) dt.08-02-2023 2/2 deceased and her husband. That the petitioners have no concern with the mess and business with the deceased. They are living separately. Petitioners are languishing in judicial custody since 24.08.2022.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Muzaffarpur Town P.S. Case No. 62 of 2011, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur. (Sunil Kumar Panwar, J) Ranjeet/- U T