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2025 DAILYLAW 106972 (PAT)

Asfaque @ Md. Asfaque v. The State of Bihar

CR. MISC./72621/2025 · 2025-12-17

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72621 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- ARARIA District- Araria ====================================================== 1. Asfaque @ Md. Asfaque S/o Late Abdul Salam @ Abdus Salam R/o Village - Chikni, Ward No. 5, P.S - Araria, District - Araria 2. Abu Talib S/o Late Abdul Salam @ Abdus Salam R/o Village - Chikni, Ward No. 5, P.S - Araria, District - Araria 3. Murtez Ali @ Murtaza Ali S/o Late Abdul Salam @ Abdus Salam R/o Village - Chikni, Ward No. 5, P.S - Araria, District - Araria ... ... Petitioner/s Versus 1. The State of Bihar 2. Md. Ishahak S/o Saiburahman R/o - Katankiya, Ward No. 3, P.S - Baunsi, District - Araria, Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madan Mohan, Adv. For the Opposite Party/s : Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 17-12-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 85, 87 and 3(5) of the BNS, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. 3. Learned counsel appearing on behalf of the petitioners submits that Hidayatullah, the husband of the victim, had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 71842 of 2025 and the same came to be allowed by an order dated 17.12.2025. Patna High Court CR. MISC. No.72621 of 2025(3) dt.17-12-2025 2/2 4. It is next submitted that in the instant case petitioners are uncle of the victim. It is next submitted that case of the petitioners are on a better footing than Hidayatullah. 5. The learned APP for the State also does not rebut the said submission of the learned counsel appearing on behalf of the petitioners that Hidayatullah, the husband of the victim, has been granted the privilege of anticipatory bail. 6. Considering the submissions made by the learned counsel for the petitioners and taking into consideration the order dated 17.12.2025 in Criminal Miscellaneous No. 71842 of 2025 the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Araria Town P.S. Case No. 150 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS. 7. Accordingly, the instant anticipatory bail application stands allowed. Rishabh/- (Satyavrat Verma, J) U T