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Patna High CourtCR. MISC./67102/2022dismissed

Yasin v. The State Of Bihar

2023-02-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67102 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- AMAUR District- Purnia ====================================================== YASIN Son of Mohiba @ Mohiuddin R/V- Ram Nagar, P.S- Amour, DistPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Amour P.S. Case No. 193 of 2021 registered for the offences punishable under Section 498A, 304B and 201/34 of the Indian Penal Code pending in the Court of learned J.M. 1st Class, Purnea. All the accused persons including this petition in furtherance of their common intention are said to have committed murder of informant's sister on non fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.67102 of 2022(2) dt.25-02-2023 2/2 nature. The petitioner being the husband was giving full honour and dignity to the deceased and with their conjugal life, they have been blessed with three children. The allegation of demand of bullet motorcycle and further allegation of threat is totally false. Petitioner has no criminal antecedent. Learned APP for the State vehemently opposing the bail petition submitted that considering the seriousness of the allegation, the petitioner does not deserve bail. Considering the facts and circumstances of case as well as the fact that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T