Md Enam @ Md Anam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12388 of 2022 Arising Out of PS. Case No.-478 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.
MD ENAM @ MD ANAM Son of Late Doma Miyan Resident of Village - Raibari Mahuawa, P.s.- Chautarwa, Distt.- West Champaran. 2.
AASHMA KHATOON @ ASMAT TARA KHATOON W/o Md. Enam Resident of Village - Raibari Mahuawa, P.s.- Chautarwa, Distt.- West Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
RUKSHANA PRAVEEN W/o Saheb Ali, D/o Md. Shahjad, Resident of Village - Raibari Mahuawa, P.s.- Chautarwa, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Adv For the Opposite Party/s :
Mrs. Dr. Indiwar Kumari. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 498(A), 323, 325, 504 and 34 of the IPC.
Allegedly, after two months of the marriage of the
Patna High Court CR. MISC. No.12388 of 2022(2) dt.04-08-2022 2/3 informant, the petitioners demanded dowry from her parents and when she refused, the petitioners abused and assaulted her. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The petitioners are the in-laws of the informant. He further submits that there is a compromise between the informant and her husband during the pendency of the present case and they are also living together. Petitioners have two criminal antecedent, which is also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is a compromise between the parties, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below
Patna High Court CR. MISC. No.12388 of 2022(2) dt.04-08-2022 3/3 where the case is pending/Successor Court in Complaint Case No.478 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T