Md. Samim Khan @ Shamim Khan And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3293 of 2015 Arising Out of PS.Case No. -169 Year- 2011 Thana -RAMPUR District- GAYA ======================================================

1. Md. Samim Khan @ Shamim Khan, Son of Ahmad Khan

2. Ahmad Khan, Son of Late Makbul Hassan Khan, Both are resident of Village - Chaudhariana Paschim Tola, P.S. - Ara Town, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Seema Khatun, W/O Md. Hasim, D/O Md. Unush Khan, Resident of Village - Gewal Bigaha (Near Police Line), P.S.- Gaya Town, District - Gaya.

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate. For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-01-2015 Heard both sides.

The petitioners apprehend his arrest in Rampur P.S. Case No. 169 of 2011, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The informant alleged that after death of her husband her in-laws began to demand dowry.

Learned counsel for the petitioners submits that the husband filed matrimonial case in the year 2009. There was dispute between the husband and wife from before. The informant herself stated that she was living in her Naihar at the time of death

Patna High Court Cr.Misc. No.3293 of 2015 (2) dt.27-01-2015 of her husband. The petitioners are father-in-law and brother-inlaw of the informant. The informant filed this case only to put pressure on the family members of her in-laws to get undue share in the property of her deceased husband.

Having considered the facts aforesaid and the fact that the informant was not living with her husband during his life time and after death the informant filed this case, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 169 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T