Tasawar Sai @ Tasauwar Sai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75537 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.

Tasawar Sai @ Tasauwar Sai, S/o Late Keyamuddin Sai @ Late Keyamuddin Sah, Resident of village - Sidharia, Police Station - Kateya, Distt. - Gopalganj 2.

Noortara Khatoon, D/o Tasawar Sai @ Tasauwar Sai, Resident of village - Sidharia, Police Station - Kateya, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners and Mr. Dashrath Mehta, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kateya P.S. Case No. 189 of 2024 instituted for the offence under Section 304B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. The case of the prosecution, in short, is that Khushbu Nesha was married to one Abbas Sai 9 months prior to the occurrence. It is further alleged that she was being subjected to cruelty on account of non-fulfillment of dowry demand. The informant received an information on his mobile that his

Patna High Court CR. MISC. No.75537 of 2024(2) dt.10-12-2024 2/3 daughter has been strangulated and her postmortem is also performed. From perusal of the F.I.R. itself it is clear that there is no specific allegation against any person. The petitioners are father-in-law and married sister-in-law.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that the informant has filed a petition in the Court of learned C.J.M. that the informant was not knowing the contents of the application and he has only put his signature and has also stated that there was no dowry demand by the in-laws of the deceased. It has also been stated in that petition that the deceased was having some mental disease and she has attempted to suicide in her paternal family as well.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kateya P.S. Case No. 189 of

Patna High Court CR. MISC. No.75537 of 2024(2) dt.10-12-2024 3/3 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T