Kalamsun Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11830 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.

KALAMSUN KHATOON W/O MUKHTAR ANSARI Resident of VillageDiulia, P.S.- Shikarpur, District- West Champaran. 2.

MUKHTAR ANSARI S/O LATE MAHABALI ANSARI Resident of Village- Diulia, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

FATMA KHATOON W/O AMIR ANSARI, D/O REYAZ AHMAD Resident of Village- Sitapur P.S.- Shikarpur, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 504, 506, 498(A), 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

The allegation against the petitioners is that they tortured the informant/O.P. No.2 on the pretext of non-fulfillment of demand for dowry.

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

Patna High Court CR. MISC. No.11830 of 2023(2) dt.27-04-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioner no.1 is the mother-in-law and petitioner no.2 is the father-in-law of the informant. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 where the case is pending/Successor Court in connection with Shikarpur P.S. Case No.355 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T