Patna High CourtCR. MISC./18485/2016bail granted

Serajuddin And ANR v. State Of Bihar And ANR

2016-04-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18485 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Serajuddin Son of Late Abdul Hasan @ Bhola Mian

2. Shamima Khatoon, wife of Serajuddin, Both resident of villageHaridyan, P.S.- Pachrukhi, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Farida Khatoon @ Roma, wife of Jamshed Ali, Daughter of Ekramul Haque, Resident of village- Chandpali, P.O.- K.P. Mishrauli, P.S.- Jiradai, District- Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2016 Petitioners being parents of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 406, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioners that accusation against the petitioners is omnibus and general and the thrust of accusation is against the husband of the informant. The petitioners are ready to allow the informant to enjoy her share of property in the matrimonial house.

Patna High Court Cr.Misc. No.18485 of 2016 (2) dt.27-04-2016 2/2 Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Mahila P.S. Case No. 10 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioners shall be accepted on filing separate affidavit that they will allow the informant to enjoy her share of property in the matrimonial house. It is expected from the learned Court below to get the said affidavit transmitted to the concerned police station. (Dinesh Kumar Singh, J) Shageer/- U T