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Patna High CourtCR. MISC./84751/2019dismissed

Azzo Alam v. The State Of Bihar

2020-01-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84751 of 2019 Arising Out of PS. Case No.-61 Year-2017 Thana- NAUHATTA District- Saharsa ====================================================== 1.

Azzo Alam, aged about 30 years, Male, Son of Md. Taslim, Resident of Village - Hati Arazi Kathuar, P.S. - Nauhatta (Darhar O.P.), District - Saharsa.

2.

Md. Taslim, aged about 50 years Male, Son of Md. Sakim, Resident of Village - Hati Arazi Kathuar, P.S. - Nauhatta (Darhar O.P.), District - Saharsa.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anant Kumar 1, Advocate.

For the Opposite Party :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Section 304(B)/34 of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. Earlier petitioners were granted anticipatory bail vide Cr. Misc. No. 28611 of 2017 under order dated 06.07.2017 and petitioners were to surrender in the learned court below within a period of six weeks from the date of order i.e., 06.07.2017 and furnish bail bond but petitioners had not surrendered before the

Patna High Court CR. MISC. No.84751 of 2019(2) dt.17-01-2020 2/2 learned court below for furnishing bail bond within the stipulated period. Now after a lapse of more than two years, a second anticipatory bail application has been filed on behalf of petitioners for grant of bail.

I find no merit in the present anticipatory bail application and accordingly the same is rejected in connection with Nauhatta P.S. Case No. 61 of 2017, pending in the court of learned A.C.J.M., Saharsa.

If the petitioners surrender in the learned court below and pray for regular bail the same shall be considered on its own merit without being prejudiced by this order of the Court preferably on the same day.

(Sudhir Singh, J) U.K./- U T