Akbal Ahmad @ Ekbal Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16283 of 2021 Arising Out of PS. Case No.-188 Year-2020 Thana- DARPA District- East Champaran ====================================================== 1.

AKBAL AHMAD @ EKBAL AHMAD Son of Shahid Miya Resident of Village- Puarniya, P.S.- Darpa, District- East Champaran. 2.

Tetri Khatoon @ Tetra Khatoon Wife of Akabal Ahmad Resident of VillagePuarniya, P.S.- Darpa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 It is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no. 1 has been arrested and, as such, he seeks permission to withdraw this application.

Permission is granted.

In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 1. Now learned counsel for the petitioner is pressing this bail application only against petitioner no. 2. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to

Patna High Court CR. MISC. No.16283 of 2021(2) dt.21-12-2021 2/3 honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Darpa P.S. Case no. 188 of 2020 instituted for the offence under Sections 341, 323, 324, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. As per allegation in the FIR, petitioner along with his family members has tortured in various ways due to nonfulfillment further dowry demand. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of the informant and has been falsely implicated in this case. petitioner is living separately. She has never demanded any thing from the informant. In fact, informant is presently living with her husband.

Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge her on bail. The petitioner, namely, Tetri Khatoon is directed to surrender in the Court below within

Patna High Court CR. MISC. No.16283 of 2021(2) dt.21-12-2021 3/3 a period of four weeks from today and in the event of his arrest or surrender in connection with Darpa P.S. Case no. 188 of 2020 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U