Ash Mahammad Mian @ Ash Mohammad Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65388 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- LAURIA District- West Champaran ====================================================== 1.

ASH MAHAMMAD MIAN @ ASH MOHAMMAD MIAN son of Late Bipat Mian village- Sisai Ps- lauriya Dist- West Champaran 2.

Majloom Khatoon @ Masloom Khatun wife of Ash Mahammad Mian @ Ash Mohammad Mian village- Sisai Ps- lauriya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in connection with Lauriya P.S. Case No. 86 of 2023 dated 09.04.2023 registered for the offences punishable u/ss 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of a

Patna High Court CR. MISC. No.65388 of 2023(2) dt.06-11-2023 2/3 Bullet motorcycle and golden chain as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have neither demanded any dowry nor tortured the deceased. Learned counsel has further submitted that the husband of the deceased is already in custody. Learned counsel has further submitted that the petitioner no. 1 is the father-inlaw and the petitioner no. 2 is the mother-in-law of the deceased. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 86 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.65388 of 2023(2) dt.06-11-2023 3/3

8. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T