Md. Ekbal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5054 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- SIKTA District- ======================================================

1. Md. Ekbal, aged about 58 years (male), Son of Late Sk. Abul Hassan

2. Arbun Nesha, aged about 55 years, (female) Wife of Md. Ekbal, Both are Resident of Village -Jhumka, P.S- Sikta, Distt.-West Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners, being the parents of the husband of the daughter of the complainant are apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. The prosecution case, as per the written report of Sabina Khatoon, dated 09.05.2018, submitted to the Station House Officer, Narkatiyaganj Police Station, is to the effect that the daughter of the complainant was married with the son of the petitioners, namely, Sheikh Jakir on 08.03.2016. Subsequently, they were blessed with a female child, but thereafter, further demand of dowry of a motorcycle and cash amount of Rs.

Patna High Court Cr.Misc. No.5054 of 2019(2) dt.30-01-2019 2/3 90,000/- was made and due to non-fulfillment of the same, torture was inflicted upon the daughter of the complainant by the entire in-laws family members including the petitioners. It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the daughter of the complainant. The accusation against the petitioners is omnibus and general. The petitioners claim to be separate from the husband of the daughter of the complainant. It is further submitted that the petitioners have no objection if the daughter of the complainant wants to reside in the matrimonial house. Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the fact that thrust of accusation is against the husband of the daughter of the complainant and the accusation against the petitioners is omnibus and general, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/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 like amount each to the satisfaction of

Patna High Court Cr.Misc. No.5054 of 2019(2) dt.30-01-2019 3/3 learned SDJM, Bettiah, West Champaran in connection with Sikta P.S. Case No. 46 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T