Shahnawaz @ Md. Shahwaz @ Shahwaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67582 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- KASBA District- Purnia ====================================================== Shahnawaz @ Md. Shahwaz @ Shahwaz Son Of Md. Sarfarajh @ Sharfaraj Village- Lakhi Tol Ps- Kasba Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Ranjan Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 307, 427, 498A, 354, 379 and 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per the persecution case, the petitioner along with other co-accused persons are said to have tortured and assaulted the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no

Patna High Court CR. MISC. No.67582 of 2023(3) dt.23-01-2024 2/2 specific overt act against the petitioner. He submits that the petitioner is brother-in-law of the informant. He further submits that the petitioner has nothing to do with the affair of coaccused Arbaz, he is living separately. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) 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 Kasba P.S. Case No. 107 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T