Md. Sakir Miya @ Shakir @ Sakir Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86227 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Md. Sakir Miya @ Shakir @ Sakir Miyan S/O Late Salim Miyan Resident of Village- Ward No- 18, Line Sugauli, P.S- Sugauli District- East Champaran.

2.

Nesha Khatoon W/O Md. Sakir Miya @ Shakir @ Sakir Miyan Resident of Village- Ward No- 18, Line Sugauli, P.S- Sugauli District- East Champaran. 3.

Nejamudin Miya @ Nijamudin Miya @Nejamuddin Miya S/O Md. Sakir Miya @ Shakir @ Sakir Miyan Resident of Village- Ward No- 18, Line Sugauli, P.S- Sugauli District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Sugauli P.S. Case No. 87 of 2024, dated 02.03.2024, lodged under Section 304(B) read with Section 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against eight named accused persons including the present petitioner. It is also alleged that dowry death is there in the FIR against the entire family members.

4. Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. He has no criminal antecedent. He also submits that the petitioner was

Patna High Court CR. MISC. No.86227 of 2024(3) dt.13-05-2025 2/2 fell in love with the victim, and after marriage, he started living against the wishes of the family members. Subsequently, a dispute started between them, and due to the dispute between husband and wife, the victim committed suicide. Counsel submits that the petitioners are in jail since 10.06.2024. Counsel further submits that petitioners are ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Learned Judicial Magistrate, 1st Class/ Concern Court, Motihari, East Champaran in connection with Sugauli P.S. Case No. 87 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Sudhanshu/- U T