Patna High CourtCR. MISC./78701/2023bail granted

Md. Allauddin v. The State Of Bihar

2023-12-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78701 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- BANGAWON District- Saharsa ====================================================== 1.

Md. Allauddin Son of Late Md. Kismat R/o vill - Navtolia, P.S. - Bangaon, Distt. - Saharsa 2.

Mahua Khatoon @ Mehua Khatoon W/o Md. Allauddin R/o vill - Navtolia, P.S. - Bangaon, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Bangaon P.S. Case No. 66 of 2023 instituted for the offences under Sections 306, 328, 498(A), 34 of the Indian Penal Code.

3. The prosecution story, in short, is that the marriage of the sister of the Informant (deceased) was solemnized 11 years ago with Md. Irfan. It is alleged that the petitioners including the husband were harassing the sister of the Informant. On 01.06.2023, a Panchayati was also held but, the accused persons kept on harassing the girl and lastly, on 07.06.2023, the sister of the Informant committed suicide by taking poison.

Patna High Court CR. MISC. No.78701 of 2023(2) dt.07-12-2023 2/2

4. The petitioners are the father-in-law and mother-inlaw of the deceased lady.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case and they live separately from the husband of the deceased. He further submits that the husband is in judicial custody. There is no allegation of demand of dowry or torture against the petitioners. The petitioners are languishing in judicial custody since 22.07.2023. Charge-sheet has been submitted in this case by the police. The petitioners have clean criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case as also the period of custody, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bangaon P.S. Case No. 66 of 2023. (Rudra Prakash Mishra, J) rishi/- U T