Md. Lateef And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21176 of 2017 Arising Out of PS.Case No. -64 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Md. Lateef S/o Md. Palat Mian.

2. Md. Mansoor S/o Md. Lateef

3. Md. Ibrar S/o Md. Lateef

4. Bibi Rasida @ Rasida W/o Md. Lateef, All Resident of Village- Arraha, P.S.- Madhepura (Bharrahi), DistrictMadhepura.

5. Md. Moeen S/o Md. Nasim

6. Anisha Khatoon, W/o Md. Moeen, All Resident of Village- Nohar Kothi, P.S.- Gwalpara, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mahila (Madhepura) Police Station Case No. 64 of 2015, disclosing offences under Sections 498A/341/ 323/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The petitioners are in-laws of the informant. The matrimonial discord appears to be the root cause of lodging of the complaint petition.

The Courts have taken judicial notice of the fact that family members of the husband are implicated in order to create pressure on the husband and his family members. There is no reason for this Court to feel that if granted anticipatory bail, the petitioners shall flee from the course of investigation or trial.

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

Let the petitioners, namely, Md. Lateef, Md.

Mansoor, Md. Ibrar, Bibi Rasida @ Rasida, Md. Moeen and Anisha Khatoon, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Sub Divisional Judicial Magistrate, Madhepura, in connection with Mahila (Madhepura) Police Station Case No. 64 of 2015, subject to the condition 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 his part to appear before the

Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √