Patna High CourtCR. MISC./62775/2022dismissed

Md. Israil v. The State Of Bihar

2023-01-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62775 of 2022 Arising Out of PS. Case No.-479 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

MD. ISRAIL SON OF MD. HAKIM R/O VILL.- RAM NAGRA, P.S.- SAKRA, DISTT.- MUZAFFARPUR 2.

MD. AFROZ SON OF MD. ISRAIL R/O VILL.- RAM NAGRA, P.S.- SAKRA, DISTT.- MUZAFFARPUR 3.

RAUSHAN KHATOON WIFE OF MD. ISRAIL R/O VILL.- RAM NAGRA, P.S.- SAKRA, DISTT.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s:

Mr.Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 436, 302/34 of the Indian Penal Code.

Allegedly, petitioners along with other accused persons tortured informant's daughter for fulfilling the demand of an Apache motorcycle in dowry. Ultimately, her daughter was killed by pouring kerosene oil on her body by the accused persons. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.62775 of 2022(2) dt.12-01-2023 2/2 No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. They have been implicated in this case only because of their relationship with Parwaj, the husband of the deceased. Petitioner nos. 1& 3 are the parents and petitioner no.2 is the elder brother of Md. Parwej. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail by submitting that petitioners are conspirators and are involved in this case.

Having regard to the facts and circumstances of the case, since the petitioners are conspirators, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected. Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T