Jabir @ Md. Jabir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62601 of 2022 Arising Out of PS. Case No.-251 Year-2021 Thana- HISUWA District- Nawada ====================================================== JABIR @ MD. JABIR HUSSAIN S/O MD. JAWED Resident of VillageBasti Bigha, P.S.- Hisua, District- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Hisua P.S. Case No.251 of 2021, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. The allegation against the petitioner is that he alongwith his 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 petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act agains the

Patna High Court CR. MISC. No.62601 of 2022(2) dt.12-01-2023 2/2 petitioner. Petitioner is the brother-in-law of the deceased. He further submits that the petitioner works outside the state to earn his livelihood and was having no concern with day to day affair of the deceased and her husband. He submits that the husband of the deceased is already in judicial custody and also the informant is not an eye-witness in the present case. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the marriage of the deceased was solemnized with the brother of the petitioner on 28.02.2021 and she was killed in her marital house on 17.05.2021.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T