Aftab Alam And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22924 of 2017 Arising Out of PS.Case No. -4882 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Aftab Alam, son of Manzoor Alam,

2. Manzoor Alam, son of Late Nizamuddin,

3. Jareena Khatoon alias Jahreena Khatoon, wife of Manzoor Alam, all residents of Village- Bishesharpur, Police Station- Barauli, DistrictGopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nazma Khatoon, wife of Aftab Alam, all residents of VillageBishesharpur, Police Station- Barauli, District- Gopalganj. at present daughter of Sheikh Ibrahim, Resident of village- Nautan Hariya, Police Station- Uchakagaon, District- Gopalganj.

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 4882 of 2016, disclosing offences under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner No.1 is the husband of Opposite party No.2 whereas petitioner Nos.2 and 3 are father-in-law and motherin-law of the Opposite party 2. Learned Counsel for the petitioners submits that petitioner No.1 is ready to keep the Opposite party No.2 with

full love and dignity.

It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the nature of dispute involved and the submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners above-named in the event of their arrest/surrender within six weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gopalganj in Complaint Case No. 4882 of 2016, Trial No. 3283 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on

their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U