Kamil Safi And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8260 of 2019 Arising Out of PS. Case No.-985 Year-2017 Thana- COMPLAINT CASE District- Supaul ======================================================

1. Kamil Safi, S/o Bachcha Safi

2. Jamil @ Jimal Safi @ Jamil Safi S/o Hasib Safi All Resident of Village-Pratapnagar, P.S- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

1. The State of Bihar

2. Rubeda Khatoon W/o Kudus Safi, D/o Issa Safi, At present Resident of Village- Pipra Khurd, P.S and Distt.- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a complaint case, wherein process has been directed to be issued, after cognizance being taken for the offences punishable under Sections 323, 498A, 354(B), 379, 380 and 504/34 of the IPC and Sections 3 and 4 of Dowry Prohibition Act.

The prosecution case as per the complainant Rubeda Khatoon is to the effect that the complainant was married with Kudus Safi in the year 2013, but subsequent to the marriage, there was further dowry demand of Rupees One Lakh and a motorcycle, due to non-fulfillment of the same, torture was

Patna High Court Cr.Misc. No.8260 of 2019(2) dt.13-02-2019 2/3 inflicted upon her. It is further alleged that mother-in-law of the complainant, Nasiman Khatoon was having illicit relationship with one Mustaffa Tailor and she wanted the complainant to establish physical relationship with the same person. It is also alleged that brother-in-law of the complainant also tried to establish physical relationship with the complainant and on protest being made, she was being assaulted.

It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the complainant. It is further submitted that there is no injury report on record. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that there is specific accusation against the petitioners Considering the fact that the thrust of accusation is against the husband of the complainant, 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

Patna High Court Cr.Misc. No.8260 of 2019(2) dt.13-02-2019 3/3 each to the satisfaction of learned ACJM-IV, Supaul in connection with Complaint Case No.985C of 2017 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T