Amjad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74400 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Amjad Ali Son Of Late Dost Mohammad R/O Village- Mangalapur, P.S.- Kalyanpur, District- East Champaran 2.

Aashma Khatoon Wife Of Amjad Ali R/O Village- Mangalapur, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 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 connection with Kalyanpur P.S. Case No. 100 of 2023 dated 28.03.2023 registered for the offences punishable u/s 304B and 120B of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant by strangulating her due to non-

Patna High Court CR. MISC. No.74400 of 2023(2) dt.06-12-2023 2/3 fulfillment of demand of dowry.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Learned counsel has further submitted that the petitioner no. 1 and 2 are father-in-law and mother-in-law of the deceased. It is further submitted that the petitioners neither demanded any dowry nor tortured the daughter of the informant. There is general and omnibus allegation against the petitioners. It is further submitted that the husband of the deceased is already in judicial custody as stated in para. 9 of the bail petition. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, East Champaran, Motihari in connection with

Patna High Court CR. MISC. No.74400 of 2023(2) dt.06-12-2023 3/3 Kalyanpur P.S. Case No. 100 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

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