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Patna High CourtCR. MISC./65775/2023allowed

Ajhar Ali @ Ajhar Alam v. The State Of Bihar

2024-03-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65775 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

AJHAR ALI @ AJHAR ALAM SON OF LATE HAJRAT @ HAZRAT RESIDENT OF VILLAGE - RUIDHASA WARD NO. 23, KABRISTAN ROAD, TINGHARIA, PS- KISHANGANJ, DIST- KISHANGANJ 2.

ABDUL MAJID @ ABDUL MAJEED @ MAJED SON OF AJHAR ALI @ AJHAR ALAM RESIDENT OF VILLAGE - RUIDHASA WARD NO. 23, KABRISTAN ROAD, TINGHARIA, PS- KISHANGANJ, DISTKISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 302, 304(B)/34 of the IPC. 3.

The allegation against the petitioners is that they along with other accused persons have killed the sister of the informant due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.65775 of 2023(5) dt.19-03-2024 2/2 The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the fatherin-law and the elder brother-in-law of the deceased and husband of the deceased is already in judicial custody. This fact is mentioned in para-12 of this bail application. The petitioners used to reside separately from the deceased and her husband. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since husband of deceased is already in custody, let the above named petitioners, be released on bail, in the event of their 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) each 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 Kishanganj P.S. Case No.58 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T