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Patna High CourtCR. MISC./1733/2023allowed

Firoz v. The State Of Bihar

2023-02-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1733 of 2023 Arising Out of PS. Case No.-692 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== 1.

FIROZ Son of Bantha @ Saidul Rahman Resident at Kadri Mohalla ward no. 16, P.S- Forbesganj, Dist- Araria 2.

Ahsan @ Md. Ahsan Sekh Son of Firoz Resident at Kadri Mohalla ward no. 16, P.S- Forbesganj, Dist-Araria 3.

Irfan @ Md. Irfan Sekh Son of Firoz Resident at Kadri Mohalla ward no. 16, P.S- Forbesganj, Dist-Araria 4.

Rubi Khatoon Wife of Firoz Resident at Kadri Mohalla ward no. 16, P.SForbesganj, Dist-Araria 5.

Sahnatu Khatoon @ Santu Parween Daughter of Mubarak Alam Resident at Kadri Mohalla ward no. 16, P.S- Forbesganj, Dist-Araria 6.

Abdul @ Md. Abdul Son of Khalil Resident at Kadri Mohalla ward no. 16, P.S- Forbesganj, Dist-Araria 7.

Noor Jahan Wife of Md. Abdul Resident at Kadri Mohalla ward no. 16, P.SForbesganj, Dist-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2023 Heard both sides.

Petitioners apprehend their arrest in connection with Forbesganj P.S. Case No.692 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The petitioners are said to have killed the daughter of the informant for non-fulfillment of demand of additional dowry. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.1733 of 2023(2) dt.08-02-2023 2/2 instant case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioners are co-villagers and no specific overt act is alleged against the petitioners. It is submitted that the husband of the deceased is already in judicial custody since 01.11.2022.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No.692 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T