Seraj Khan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17956 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================

1. Seraj Khan, son of Bhola Khan.

2. Sajid khan, son of Bhola Khan.

Both Resident of Village- English, Police Station- Mairwa, DistrictSiwan. .... .... Petitioners.

Versus

1. The State of Bihar.

2. Rukhsana Khatoon, wife of Seraj khan, D/o Ekhlakh Ahmad, At present resident of Village- Lauwan, Police Station- Barharia, DistrictSiwan. .... .... Opposite Parties. ====================================================== Appearance :

For the Petitioners : Mr. Bijay Prakash Singh, Adv. For the State : Mr. Ganesh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 10-06-2015 Petitioner no.1 is the husband of the informant and petitioner no.2 is the Devar (brother-in-law). They apprehend their arrest in Barharia P.S. Case No.61 of 2015 instituted under Section-498 A and other sections of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

As per the F.I.R. itself, the marriage had been solemnized in the year 2007 and they have two children aged about 7 and 3 years respectively. The informant was pregnant and living in her Maike when altercation supposed to have taken place with regard to custody of the male child.

Be that as it may, not granting anticipatory bail to the petitioners would not be conducive to restoration of matrimonial relationship.

Patna High Court Cr.Misc. No.17956 of 2015 (02) dt.10-06-2015 2/2 In the facts and circumstances, the petitioners abovenamed, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Siwan in connection with Barharia Police Station Case No.61 of 2015, subject to all conditions as laid down in Section-438(2) of the Criminal Procedure Code. (Navaniti Prasad Singh, J.) Trivedi/- U T