Kaishar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14130 of 2021 Arising Out of PS. Case No.-232 Year-2003 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

KAISHAR KHAN Son of Juman Khan Resident of Village- Sonhauli, Police Station - Mashrakh, District - Saran (Chapra). 2.

Raushan Khatoon Wife of Kaishar Khan Resident of Village- Sonhauli, Police Station - Mashrakh, District - Saran (Chapra). 3.

Mehrun Khatoon Daughter of Juman Khan Resident of Village- Sonhauli, Police Station - Mashrakh, District - Saran (Chapra). 4.

Khurshida Khatoon Daughter of Juman Khan Resident of Village- Sonhauli, Police Station - Mashrakh, District - Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bibi Mahmadan Khatoon Wife of Abdul Mannan Khan, Daughter of Mahmmad Nizamuddin At Present resident of Village - Nautan (Gohpur Bajrahiya), Police Station - Gautam Budha Nagar (Tarwara), District - Siwan.

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-01-2022 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through virtual mode.

The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

The petitioners apprehend their arrest in connection with Trial No. 681 of 2020 arising out of Complaint Case

Patna High Court CR. MISC. No.14130 of 2021(2) dt.11-01-2022 2/3 No.232 of 2003 registered for offence punishable under sections 120B, 323, 406, 498A of the Indian Penal Code. It is a case of matrimonial dispute. The allegation against the petitioners is that they tortured the victim for nonfulfillment of dowry demand of Rs.50,000/- cash and some articles like television etc.

The learned counsel for the petitioners has submitted that the petitioners are in-laws having no concern with day-to day affairs of the couple.

Considering the above mentioned facts and circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Siwan in connection with Trial No. 681 of 2020 arising out of Complaint Case No.232 of 2003, subject to condition as laid down under section 438(2) Cr.P.C. Further condition is that the petitioners shall appear before the learned court below on each and every date unless prevented by unavoidable circumstances. The case is of year 2003, as such, the learned court below is directed to take every endeavour to dispose of the case as early as possible.

Patna High Court CR. MISC. No.14130 of 2021(2) dt.11-01-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T