MUSTAKIM MANSOORI @ MUSTKIM @ MOSTAKIM MANSUR Son v. THE STATE OF BIHAR
Case at a glance
Outcome
Allowed
This application stands allowed
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302, 304B
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.Shankar Kumar Mr.Nawal Kishore Prasad ORAL ORDER 7 04-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 302 and 304B read with 34 of the Indian Penal Code. As per prosecution case, four years ago the informant's daughter was married to the co-accused person Tasvir Mansoori. Thereafter, the husband contracted second Patna High Court CR. MISC. No.40882 of 2022(7) dt.04-01-2023 marriage with another lady in Ludhiana where he was working.
On 14.02.2022 the informant got the information that co- accused person Tasvir Mansoori (husband of the deceased) along with the petitioners strangulated the informant's dauther to death. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The husband of the deceased is already in custody. The petitioners are brother-in-laws of the deceased. The petitioners are living separately from the family of the deceased. The petitioners have no concern about the affair of his brother. There is no allegation of assaulting the deceased or any demand of dowry against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer of the bail petition of the petitioners. Considering the aforesaid facts and circumstances of the case as well as the fact that there is no allegation of assault or demand of dowry against the petitioners who are brother-in- laws, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be Patna High Court CR. MISC. No.40882 of 2022(7) dt.04-01-2023 enlarged on bail on furnishing bail-bond of Rs.
Operative part
20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sonbarsa P.S. Case No. 45 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed. atul/- U T (Chandra Prakash Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 302, 304B; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.