Md. Rafique @ Rafo And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10985 of 2016 Arising Out of PS.Case No. -625 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Md. Rafique @ Rafo, S/o Late Abdul Aziz Mohalla- Aasha Nagar Police Station- Sohsarai, District- Nalanda.

2. Md. Jan Alam, Son of Late Md. Ismail.

3. Nilofer Khatoon, Wife of Md Jan Alam at Mohalla Aasha Nagar, Police Station- Sohsarai, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar. Mussarat Parven,

2. Mussarat Parveen, Wife of Shaukat Alam, Resident of Mohalla- Asha Nagar, Sohsarai, P.S.- Sohsarai, District- Nalanda. At present address Daughter of Abdul Rashid Mohalla- Muslim Road, Shekhawat Bagh, P.S. & District- Nawada.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anwar Karim For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Petitioners brother, brother-in-law(Behnoi) and sister of the husband of the complainant are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is also alleged that accused persons made an attempt to poison and to cause burn injury. It is submitted by learned counsel for the petitioners that accusation is omnibus and general against the

Patna High Court Cr.Misc. No.10985 of 2016 (2) dt.04-03-2016 2/2 entire in-laws family including the petitioners. The thrust of accusation is against the husband of the complainant and the petitioners claim to reside separately at different place. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 625 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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