Baudhu Safi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64732 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.
Baudhu Safi S/O Mithu Safi R/O Vill.- Mahinathpur, P.S.- Bhairab Asthan, Dist.- Madhubani 2.
Lal Safi S/O Baudhu Safi R/O Vill.- Mahinathpur, P.S.- Bhairab Asthan, Dist.- Madhubani 3.
Santosh Safi S/O Late Arun Safi R/O Village- Katma, P.S.- Manigachchi, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Adv.
For the State :
Mr. Braj Kishore Pd.(APP) For the informant : Mrs. Anju Kumari @ Anju, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Bhairab Asthan P.S. Case No. 73/2025 registered for the offences punishable under Sections 103(1)/ 3(5) of the B.N.S. and Section 3⁄4 of the Dowry Prohibition Act.
3. As per prosecution case, petitioners and other are said to have committed murder of informant's daughter by strangulation due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as
Patna High Court CR. MISC. No.64732 of 2025(2) dt.18-09-2025 2/3 alleged in the FIR. The petitioners bear no criminal antecedent. There is no specific allegation against the petitioners and the allegation are general and omnibus in nature. He further submits that petitioner no.1 is father-in-law, petitioner no.2 is brother-inlaw (Devar) and petitioner no.3 is distant relative of the husband of the deceased and they are living separately from the husband and his wife (deceased) and they are not residing in his village at the time of occurrence. He further submits that the petitioners having no say in family affairs of the deceased and her husband. On similar and identical allegation co-accused Sita Devi has already been granted anticipatory bail by the co-ordinate Bench of this Court vide Cr. Misc. No.63364/2025 and on the principle of parity the petitioners deserve same treatment.
5. The learned counsel for the informant as well as learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners and submitted that petitioners have participated in the alleged occurrence and hence, they cannot escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the case, there is no specific allegation against the petitioners, keeping in view clean antecedent of petitioners, on similar and identical allegation co-accused has already been granted
Patna High Court CR. MISC. No.64732 of 2025(2) dt.18-09-2025 3/3 anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jhanjharpur, DistrictMadhubani in connection with Bhairab Asthan P.S. Case No. 73/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) amitkumar/- U T