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Patna High CourtCR. MISC./75886/2023bail granted

Abdul Rajjak v. The State Of Bihar

2023-12-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75886 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- BARSOI District- Katihar ====================================================== 1.

Abdul Rajjak Late Abdul Sattar Resident Of Bishnupur, P.S.- Barsoi, Disttt.- Katihar 2.

Salma Khatoon Wife Of Abdul Rajjak Resident Of Bishnupur, P.S.- Barsoi, Disttt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Barsoi P.S. Case No. 201 of 2023 dated 21.06.2023 registered for the offences punishable u/ss 304B, 120B, 342 read with section 34 of the Indian Penal Code.

3. 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 Rs. 3,00,000/- as dowry.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further

Patna High Court CR. MISC. No.75886 of 2023(2) dt.18-12-2023 2/2 submitted that the petitioner no. 1 is the father-in-law and the petitioner no. 2 is the mother-in-law of the deceased and he has no concern with the alleged offence. The petitioners neither demanded any dowry nor tortured the informant's daughter. The husband of the deceased is already in jail as stated at para 13 of the bail petition. The petitioners have no criminal antecedent in stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, 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, Katihar in connection with Barsoi P.S. Case No. 201 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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