Allowed

Md. Rajjak v. The State of Bihar

Patna HC16 Jan 2024CR. MISC./78184/2023

Case brief

AI extract

What is this about?

Petitioners apprehending arrest in a dowry-death case (Sections 304(B), 201 and 34 IPC), alleged to be maternal uncles of the deceased implicated with general and omnibus allegations, sought anticipatory bail. The court noted a similarly situated co-accused had already been granted anticipatory bail and allowed the application, directing enlargement on bail on furnishing bail-bonds with two sureti

What did the court decide?

Anticipatory bail: on arrest/surrender within six weeks, petitioners to be enlarged on bail on Rs. 20,000 bail-bond each with two sureties, subject to Section 438(2) CrPC conditions.

Md. Rajjak 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.78184 of 2023

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Arising Out of PS. Case No.-144 Year-2020 Thana- JOGBANI District- Araria

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

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1. Md. Rajjak S/O Md. Rashid @ Md. Rasid R/O Amauna, Ward No. 07, P.SJogbani, Distt.- Araria.

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Md. Ahmad @ Ahmad S/O Md. Rashid @ Md. Rasid R/O Amauna, Ward No. 07, P.S- Jogbani, Distt.- Araria.

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Md. Mustaque S/O Md. Rashid @ Md. Rasid R/O Amauna, Ward No. 07, P.S- Jogbani, Distt.- Araria.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Mandal, Adv. For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 16-01-2024

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Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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2 . The petitioners are apprehending their arrest in a case in connection with Jogbani P.S. Case No. 144 of 2020 dated 13.06.2020 registered for the offence/s punishable u/s 304(B), 201 and 34 of the Indian Penal Code.

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3 . As per the prosecution case, the petitioners along with the co-accused persons are alleged to have killed the informant's daughter, due to non-fulfillment of demand of dowry.

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4 . Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners are named in the FIR. It is further submitted that the

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Patna High Court CR. MISC. No.78184 of 2023(2) dt.16-01-2024 2/2

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petitioners happens to be the maternal uncle of the deceased. The petitioners neither demanded any dowry nor tortured the informant's daughter. There are general and omnibus allegations against the petitioners. Similarly situated co-accused have already been granted anticipatory bail by the co-ordinate bench vide order dated 12.01.2024 passed in Cr. Misc. No. 78187 of 2023. The petitioners have no criminal antecedents as stated at para 3 of the bail petition.

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5 . Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners.

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6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners , let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Additional Chief Judicial Magistrate- Vth, Araria, District- Araria in connection with Jogbani P.S. Case No. 144 of 2020 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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sadique/-

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U T

Md. Rajjak v. The State of Bihar

Case brief

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Md. Rajjak v. The State of Bihar

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