Askali Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69482 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- SATHI District- West Champaran ====================================================== Askali Mian Son of Mahmood Mian Resident of Village - Samhauta, P.S.- Sathi, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-11-2024 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.11.2023 in connection with Sathi P.S. Case No. 263 of 2023, F.I.R. dated 20.11.2023 for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

3. According to prosecution case, all the accused persons including the petitioner have killed the daughter of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.69482 of 2024(5) dt.29-11-2024 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R and the petitioner has been made accused only on the ground that he is the husband of the deceased. In fact, the victim has committed suicide herself.

5. Learned Additional Public Prosecutor on the basis of the material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the victim has died within a year of marriage and from perusal of the F.I.R it appears that the cause of death is Asphyxia due to hanging. He further submits that the petitioner is the husband of the deceased.

6. Considering the aforesaid facts and circumstances as well as the material available on record which are against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Sathi P.S. Case No. 263 of 2023 pending in the court of learned Additional Chief Judicial Magistrate-II, Bettiah, West Champaran.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T