Fazlu Rahman And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14159 of 2015 Arising Out of PS.Case No. -362 Year- 2014 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Fazlu Rahman S/o Zainul Abedin
2. Sunafa Khatoon @ Salfa Khatoon @ Sulfa Khatoon W/o Fazlu Rahman
3. Mubarak @ Mubarak Hussain
4. Tabarak Alam @ Tabarak Hussain Both S/o Fazlu Rahman
5. Naiza Khatoon @ Nazma Khatoon @ Nazia Khaton W/o Mubarak
6. Gulera Khatoon W/o Tabarak Alam
7. Abdul Hakim S/o Naimuddin All Resident of Village Farshadangi (Nunia Tola), P.S. Kishanganj, District Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2015 Heard learned counsel for the petitioners and the State.
The petitioners being the parents, brother, brother's wife, , son-in-law of the brother of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 337, 498A, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
It is alleged that the informant's daughter was married with son of petitioner nos. 1 and 2, but she was subjected to torture. It is alleged that petitioners came to
Patna High Court Cr.Misc. No.14159 of 2015 (2) dt.06-04-2015 the house of informant and assaulted the informant and her daughter by pelting bricks, causing injury and snatched the jewellary of the daughter of the informant. It is submitted by the learned counsel for the petitioners that petitioners have been made accused since their son used reside at his in-laws place as 'gharjamai' . The husband of victim has not been made accused. No injury has actually been caused to the informant's side. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or 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 the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 362 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T