Ali Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15472 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- BHIMPUR District- Supaul ====================================================== 1.
Ali Hussain S/o Paanchu Saafi Resident of Village- Jeewachhpur, P.S.- Bhimpur and Distt- Supaul.
2.
Asiya Khatoon W/o Ali Hussain Resident of Village- Jeewachhpur, P.S.- Bhimpur and Distt- Supaul 3.
Paanchu Saafi S/o Late Abdul Safi Resident of Village- Jeewachhpur, P.S.- Bhimpur and Distt- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Verma For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 326, 307, 354, 498A/34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners assaulted the informant due to non-fulfilment of
Patna High Court CR. MISC. No.15472 of 2020(2) dt.03-07-2020 2/3 demand of dowry.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is the brother-in-law, petitioner No.2 is the sister-in-law and petitioner No.3 is the father-in-law of the victim. From perusal of the injury report, it appears that the nature of injury is simple. Hence no offence under Section 307 of I.P.C. is made out.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Mr. K.S. Deo, Judicial Magistrate, 1st class, Supaul in connection with Bhimpur P.S. case No.67 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners will
Patna High Court CR. MISC. No.15472 of 2020(2) dt.03-07-2020 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T