Dismissed

Faiju @ Faiyaz v. The State of Bihar

Patna HC15 May 2024CR. MISC./28742/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail for arrest apprehension in a 2020 Araria case involving dowry death, rape and related offences; court found the State's objections persuasive and rejected the application.

What did the court decide?

Application rejected; petitioner permitted to surrender within four weeks, with the Court concerned to consider his regular bail plea preferably the same day.

Faiju @ Faiyaz Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28742 of 2024

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Arising Out of PS. Case No.-614 Year-2020 Thana- ARARIA District- Araria

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======================================================

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Faiju @ Faiyaz S/o Wajuddin R/o vill - Bhansia, ward no. 8, P.s. - Jokihat, Distt. - Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 15-05-2024

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Heard Mr. Rabindra Kumar Priyadarshi, learned

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Counsel for the petitioner and learned APP for the State.

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2. The petitioner apprehends his arrest in connection with Araria P.S. Case No. 614 of 2020 for the offence registered under sections 304(B), 376, 201 and 120(B) of the Indian Penal Code lodged on 06.08.2020 by the informant, Belal.

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3. As per the prosecution story, the informant earlier alleged that his sister was married to one Masood Alam but was always tortured for dowry and subsequently, on 06.08.2020, her dead body in naked condition was found in a field. Accordingly, the F.I.R.

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4. The investigation in the matter took place and subsequently, one Bibi Hussaini was picked up because she was having the mobile of the deceased, she disclosed that the same has been purchased from this petitioner. In that background, he also came under the police net.

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5. Learned Counsel for the petitioner submits that he

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Patna High Court CR. MISC. No.28742 of 2024(2) dt.15-05-2024 2/2

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is a distant relative to the in-laws, no role to play in the matter, name cropped up after ten months and others have been granted bail.

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6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submits that the F.I.R. was lodged in the year 2020 as per the petitioner himself, his name cropped up 10 months later in the year 2021, he evaded arrest for three years, others have been granted bail and the allegation that has come against him points needle of suspicion of the alleged killing towards him too.

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7. Considering the submissions of the parties, this Court finds force in the averment put forward by the learned APP, it would be appropriate that the petitioner seek bail.

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8. The anticipatory bail application stands rejected.

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9. However, if the petitioner surrenders within a period of four weeks from today, the Court concerned shall take up the matter and dispose of the same preferably on the same day.

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(Rajiv Roy, J)

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Neha/-

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U T

Faiju @ Faiyaz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Faiju @ Faiyaz v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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