Md. Nasir Rain And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37888 of 2018 Arising Out of PS. Case No.-23 Year-2017 Thana- MADHEPURA COMPALINT CASE District- Madhepura ======================================================

1. Md. Nasir Rain, S/o Sarafat Rain,

2. Tetri Khatoon W/o Md. Nasir Rain @ Nasir Rain, Both Residents of Vill.- Parasa (Gopinagar), P.S.- Barhara Kothi, District- Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Gulesha Khatoon W/o Md. Naim Rain, R/o Vill.- Parsa (Gopinagar), P.S.- Barhara Kothi, District- Purnea , presently resident of D/o Md. Aakub Marhum, Vill.- Jotaili Gulab Tola, P.S.- Bihariganj, District- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Sri Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners, being the parents of the husband of the complainant, are apprehending arrest in a complaint case, wherein, process has been directed to be issued, after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of the

Patna High Court Cr.Misc. No.37888 of 2018(2) dt.29-06-2018 2/3 Dowry Prohibition Act.

The complainant filed the complaint case with specific accusation that the complainant was married with Md. Naim Rain, but, subsequently, dowry demand of Rupees One Lac cash and a motorcycle was made and on non-fulfillment of the same, the torture was inflicted upon her.

It is submitted by learned counsel for the petitioners that the accusation is not specific against the petitioners. The petitioners, being parents of the husband of the complainant are old age persons. They claim to be residing separately from the husband of the complainant. Moreover, the thrust of accusation is against the husband of the complainant.

It is submitted by learned APP for the State that there is specific accusation against the petitioners.

Considering the thrust of accusation against the husband of the complainant and that the petitioners are old age persons, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Udakishunganj, Madhepura, in connection with

Patna High Court Cr.Misc. No.37888 of 2018(2) dt.29-06-2018 3/3 Complaint Case No.23 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T