Shahzadi Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18013 of 2016 Arising Out of PS.Case No. -118 Year- 2009 Thana -SONBERSA District- SITAMARHI ======================================================
1. Shahzadi Khatoon, wife of Shekhawat Hussain
2. Shekhawat Hussain, son of Saiyad Md. Khalid Hussain .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2016 Heard learned counsels for the petitioners and the State.
The petitioners being brother's wife and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under sections 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioners is permitted to make necessary correction in the petition.
Basic accusation is of torture for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioners that the prayer for bail of the petitioners was earlier dismissed as withdrawn vide Criminal Miscellaneous No.23815/2010 by a co-ordinate Bench of this Court (now retired) since the issue
Patna High Court Cr.Misc. No.18013 of 2016 (2) dt.26-04-2016 2/2 was reconciled between the parties but now again the informant is pursuing the matter.
Considering that earlier application was dismissed, this Court is not inclined to enlarge the petitioner on anticipatory bail.
Let the learned Court below consider the prayer for regular bail of the petitioners, keeping in view of the fact that the thrust of accusation is against the husband of the informant, if the petitioners surrender within a period of six weeks in connection with Sonbarsa P.S. Case No.118/2009, pending before the learned CJM, Sitamarhi.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T