Md. Mobarak And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28620 of 2015 Arising Out of PS.Case No. -736 Year- 2013 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Md. Mobarak s/o Late Md. Jakko @ Md. Jakruddin @ Jakruddin

2. Bibi Jarina Khatoon W/o Md. Mobarak

3. Md. Nijam s/o Md. Mobarak @ Mobarak All residents of village - Chanda Saman Tola, P.S. Puraini District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Saruna Khatoon W/o Md. Shahabuddin D/o Md. Mustak Resident of village - Chanda Saman Tola, P.S. Puraini District - Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar, Adv. For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsels for the petitioner and the State. The petitioners being the parents and brother of the husband of the complainant are apprehending arrest in a case registered for the offences punishable under Sections 323, 504 and 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant and the petitioners are ready to allow the complainant to enjoy her share of property in the in-laws house. Moreover, the husband of the complainant is ready to keep the complainant as wife with full

Patna High Court Cr.Misc. No.28620 of 2015 (2) dt.20-07-2015 2/2 dignity and honour. statement to that effect has been made in para 9 of the petition, which reads as follows:- "That the husband of the complainant is ready to keep her with full dignity and honour."

Considering the aforesaid facts, 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Uda-Kishunganj, Madhepura in connection with Complaint Case No. 736 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners shall be accepted by the learned court below on filing affidavit to the effect that they are ready to allow the complainant to enjoy her share of property in the in-laws house. The said affidavit will be transmitted to the concerned police station.

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