Md. Akmal @ Akmal Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70566 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Akmal @ Akmal Hussain S/o- Md. Mukhtar Resident of Village- Hathiya Diyara PS- Muffasil District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201, 365, 34 and 120(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his sister was married to Md. Alam and out of the wedlock four children were born, further for the last six months, Md. Alam was demanding dowry and on account of nonfulfillment of the demand, the victim was tortured and the accused persons including the petitioner supported Md. Alam, it is next alleged that informant had gone to meet the victim when he was confined by the accused persons and they demanded
Patna High Court CR. MISC. No.70566 of 2025(2) dt.01-11-2025 2/3 Rs.4,00,000/- by way of dowry and when he showed his inability, he was assaulted and accused persons in his presence tried to administer poison to the victim but she refused, thereafter accused persons strangulated her to death in his presence and snatched his mobile.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner is own brother of Md. Alam. It is also submitted that the FIR does not disclose the date of marriage. It is next submitted that victim was married to Md. Alam about 15 years back and out of the wedlock four children were born but then the relationship in between Md. Alam and victim was strained. It is also submitted that it absolutely does not stand to reason that why the family members of Md. Alam after 15 years of marriage would have demanded dowry. It is next submitted police after investigation submitted chargesheet under Section 306 of the Indian Penal Code. It is also submitted that Md. Alam has been granted the privilege of regular bail.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.70566 of 2025(2) dt.01-11-2025 3/3 counsel for the petitioner, let petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Muffasil P.S. Case No.156 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Sanjay/- U T