Patna High CourtCR. MISC./63620/2023dismissed

Md. Nazam v. The State Of Bihar

2023-10-17Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63620 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- JOGBANI District- Araria ====================================================== Md. Nazam Son Of Md. Rajjaque Village Fena Belahi Ward No 11 P S Jogbani (Bathnaha) Distt Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Jogbani (Bathnaha) P.S. Case No.88 of 2023 registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that he along with co-accused has killed the daughter of the informant for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that there is no specific allegation

Patna High Court CR. MISC. No.63620 of 2023(2) dt.17-10-2023 2/2 of assault against this petitioner.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case wherein this Court has noticed that this petitioner is the husband of the deceased and there is a specific allegation that he along with co-accused has killed the daughter of the informant, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

7. In case the petitioner surrenders and prays for regular bail in the learned court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court.

8. This application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T