Zeaul Haque @ Ziyaul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11353 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

Zeaul Haque @ Ziyaul Haque Resident of Baignabad, P.S.-Bihar, Distt.- Nalanda 2.

Neshat Aiz @ Nishat Aziz @ Sona Wife of Zeaul Haque Resident of Baignabad, P.S.-Bihar, Distt.-Nalanda 3.

Aayasha Wife of Md. Sharik @ Tuptup Resident of Baignabad, P.S.-Bihar, Distt.-Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Trannum Praveen D/O Md. Gulam Ashfaque Resident of Pakahi, P.S.-Tehta, Distt.-Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Jehanabad Mahila P.S. Case No. 33 of 2023 dated 05.10.2023, instituted for the offence punishable under Sections 498(A), 494, 354(B), 341, 323, 504, 506/34 of the I.P.C.

3. As per the prosecution case, the marriage of the informant was solemnized with Md. Sharik on 14.04.2011 according to Muslim customs and out of the said wedlock one daughter was born. It is further alleged that the said Md. Sharik

Patna High Court CR. MISC. No.11353 of 2024(5) dt.02-08-2024 2/3 has performed second marriage with another girl which has exaggerated the situation. It is further alleged that on 01.07.2023 all the accused persons including the petitioners entered in the room of the informant and started assaulting her.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioner no. 1 namely, Zeaul Haque is the father in-law of O.P. No. 2 (informant), petitioner no. 2 namely, Neshat Aiz is the mother in-law of O.P. No. 2 and petitioner no. 3 namely, Aayasha is the second wife of the husband of O.P. No. 2. It is next submitted that husband of the O.P. No. 2 namely, Md. Sharik @ Tuptup has been granted bail vide order dated 23.05.2024 passed by this Court in Criminal Miscellaneous No. 11301 of 2024. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jehanabad Mahila P.S. Case No. 33 of 2023, they shall be released on anticipatory bail

Patna High Court CR. MISC. No.11353 of 2024(5) dt.02-08-2024 3/3 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court of S.D.J.M., Jehanabad, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T