Mohammad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14797 of 2020 Arising Out of PS. Case No.-266 Year-2019 Thana- DIGHWARA District- Saran ====================================================== 1.

MOHAMMAD ALI Son of Late Saleem Miyan Resident of Village - Saidpur, P.S.- Dighwara, District - Saran 2.

Shahar Bano Wife of Mohammad Ali Resident of Village - Saidpur, P.S.- Dighwara, District - Saran 3.

Guddu Alam Son of Mohammad Ali Resident of Village - Saidpur, P.S.- Dighwara, District - Saran 4.

Firoz Alam Son of Mohammad Ali Resident of Village - Saidpur, P.S.- Dighwara, District - Saran 5.

Raju Alam Son of Mohammad Ali Resident of Village - Saidpur, P.S.- Dighwara, District - Saran 6.

Md. Saleem @ Sonu Son of Mohammad Ali Resident of Village - Saidpur, P.S.- Dighwara, District - Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahzadi Khatoon, Wife of Shamshad Ali, Resident of Village - Saidpur, P.S.- Dighwara, District - Saran.

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

For the Petitioner/s :

Mr.Rajiv Ranjan Singh, Adv.

For the Opposite Party/s :

Md.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2020 Heard learned counsel for the petitioners and learned APP for the State through the virtual court proceeding. It appears that vide order dated 07.07.2020, the prayer for grant of anticipatory bail with respect to petitioner no. 5 was dismissed as withdrawn.

So far remaining petitioners are concerned, they apprehend their arrest in a case registered for the offence

Patna High Court CR. MISC. No.14797 of 2020(3) dt.09-09-2020 2/3 punishable under Sections 341, 323, 306, 313, 354, 384, 379, 307 and 498 (A) of the Indian Penal Code and 3⁄4 of the Dowry Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that the petitioners are in-laws. There is general and omnibus allegation against them and the injury report shows that simple in nature. It further submits that are in-laws and living separately from the husband of the complainant. The petitioners have got no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioner nos. 1, 2, 3, 4 and 6, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chhapra at Saran in connection with Dighwara P. S. Case No. 266 of 2019,

Patna High Court CR. MISC. No.14797 of 2020(3) dt.09-09-2020 3/3 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T