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Patna High CourtCR. MISC./78030/2023allowed

Aftab Alam v. The State Of Bihar

2023-12-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78030 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== AFTAB ALAM S/O LATE MOHAMMAD ALAM R/O VILLAGESAREYA NARENDRA, PS. BARAULI (MADHOPUR O.P.), DIST. GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Thakur Brajesh Singh, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP.

Mr. Jeetendra Narayan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have committed murder of the informant's daughter after assaulting and pressing her neck due to nonfulfillment of dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is father-in-law of the deceased. No such occurrence as alleged ever took place. He has been falsely implicated in

Patna High Court CR. MISC. No.78030 of 2023(2) dt.08-12-2023 2/2 this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no concern with the daily affairs of the deceased and her husband. It is further submitted that husband of the deceased is already in judicial custody. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bial.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner and husband of the deceased is already in judicial custody, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barauli (Madhopur O.P.) P.S. Case No. 309 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T