Sahjit Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82376 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- JOGBANI District- Araria ====================================================== Sahjit Miya S/O Majid R/O Village- Fena Belhai, P.S- Jogbani, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kashyap Kaushal, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is an accused in connection with Jogbani (Bathnaha) P.S. Case No.88 of 2023 registered under Sections 302, 120(B) and 34 of the I.P.C.

3. As per prosecution case, it is alleged that the marriage of the daughter of informant was solemnized with Md. Nazam according to Muslim rites. Soon thereafter, the daughter of the informant was subjected to torture for additional demand of dowry. It is further alleged that the F.I.R. named accused persons and 15-20 unknown persons brutally assaulted the daughter of the informant causing her death on account of non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.82376 of 2023(2) dt.10-01-2024 2/2 petitioner is innocent and has falsely been implicated in this case. The petitioner is a neighbour of accused Md. Nazam (husband of the deceased) and he has no concern with the family affairs of the deceased and her husband. The name of the petitioner has been dragged in this case due to local politics. It is further submitted that the co-accused, namely, Rahmani Khatun @ Rahimani Khatun and Kadir Miyan @ Kadir have already been granted anticipatory bail by a coordinate bench of this Court vide order dated 16.10.2023 passed in Cr.Misc.No.62878 of 2023. The petitioner has no criminal antecedent. He is in custody since 27.08.2023.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jogbani (Bathnaha) P.S. Case No.88 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T