Patna High CourtCR. MISC./5521/2016bail granted

Farman Shah And ORS v. State Of Bihar And ANR

2016-02-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5521 of 2016 Arising Out of PS.Case No. -348 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Farman Shah

2. Jainul Haque Shah @ Md. Jaiyaul Haque

3. Karmuddin Shah @ Karimuddin

4. Jalekha Khatoon

5. Jaida Khatoon @ Jahida Khatoon. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivjee Singh, Adv. For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents, brothers and unmarried sister of the husband of the complainant 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 498A and 323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that accusation is omnibus and general against the entire family members of the petitioners and the thrust of accusation is against the husband of the complainant.

Patna High Court Cr.Misc. No.5521 of 2016 (2) dt.03-02-2016 2/2 Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Bettiah, West Champaran in connection with Complaint Case No. 348C of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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