Patna High CourtCR. MISC./6346/2015bail granted

Abda Khatoon And ORS v. The State Of Bihar

2015-02-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6346 of 2015 Arising Out of PS.Case No. -158 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Abda Khatoon,

2. Firoza Khatoon,

3. Noor Jahan Khatoon,

4. Hamida Khatoon,

5. Md. Suleman @ Md. Soleman .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rajeev Nayan For the Opposite Party : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard learned counsels for the petitioners and the complainant and the State.

The petitioners being the brothers' wife, sister and brother-in-law of the late husband of the complainant are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The accusation is of inflicting torture and not allowing the complainant to enjoy her share in the in-laws property. It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.6346 of 2015 (2) dt.18-02-2015 2/2 the petitioners are ready to allow the complainant to enjoy her share in the in-laws property.

Considering the aforesaid stand of the petitioners, let the above named petitioners be released on provisional anticipatory bail for one year, 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 S.D.J.M., Nawada in connection with Complaint Case No. 158 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on filing separate affidavit by each of the petitioners that they will allow the complainant to enjoy her share in in-laws property. The said affidavit will be transmitted to the concerned police station wherever the in-laws property of the complainant is situated. The provision bail of the petitioners will be confirmed by the learned court below if the petitioners will comply the undertaking given before this Court.

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