Pairu Hazam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33859 of 2014 Arising Out of PS.Case No. -97 Year- 2007 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Pairu Hazam.

2. Karu Hazam.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate. For the Opposite Party : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the uncles of the husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 494, 498A of the Indian Penal Code and 3⁄4 of the D. P. Act.

The basic accusations are of torture for non-fulfillment of dowry demand and performing second marriage.

It is submitted by learned counsel for the petitioners that the petitioners are uncles of the husband of the complainant. The complainant also filed a case at Calcutta in which the petitioners

Patna High Court Cr.Misc. No.33859 of 2014 (2) dt.23-02-2015 2 / 2 have already appeared. In the present case, order sheet of learned court below has been brought on record to suggest that processes have never been served/executed on the petitioners.

Considering the thrust of accusation against the husband of the complainant, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 97C of 2007 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 S.D.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Learned court below will be liberty to cancel the bail bonds of the petitioners if they default for three consecutive occasions.

U.K./- (Dinesh Kumar Singh, J) U T