Md. Gayas Ahmad @ Md. Gayas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1771 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

Md. Gayas Ahmad @ Md. Gayas Son of Late Ramuz Resident of Village - Ufrail, P.S.- Srinagar, Distt.- Purnia.

2.

Bibi Tuliya W/o Md. Gayas Ahmad Resident of Village - Ufrail, P.S.- Srinagar, Distt.- Purnia.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Bibi Rojila Khatoon D/o Md. Hefaz @ Manglu Resident of Village - Basaiti Tola, Bhaluahi, P.S.- Bausi, Distt.- Arari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the parents of the husband of the complainant, are apprehending their arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

The prosecution case as per the complaint petition is that the complainant Bibi Rojila Khatoon was married with the son of the petitioners, Rais Ahmad two years prior to the

Patna High Court CR. MISC. No.1771 of 2020(2) dt.27-02-2020 2/2 lodging of the complaint, but subsequent to the marriage, the torture was inflicted upon the complainant for non-fulfillment of further dowry demand of Rs.Two lakhs.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant. The petitioners are old persons and live separately from the husband of the complainant.

Learned APP submits that the petitioners are named in the complaint petition.

Considering the thrust of accusation against the husband of the complainant, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Complaint Case No. 364-C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T