Matiur Rahman @ Matiur Rehman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22522 of 2024 Arising Out of PS. Case No.-1391 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

Matiur Rahman @ Matiur Rehman Son of Late Sharafat Hussain Resident of Mohalla- Mistri Tola, Madhubani, Ward No. 1, P.S.- K. Hatt, T.O.P. Madhubani, District- Purnea 2.

Afroz Bano Wife of Matiur Rahman @ Matiur Rehman Resident of Mohalla- Mistri Tola, Madhubani, Ward No. 1, P.S.- K. Hatt, T.O.P. Madhubani, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Tarannum Intekhab Wife of Ramiz Ahmed Intekhabur Rahman Resident of Village- Driver Tola, P.S.- Town, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Soni Shrivastava, Advocate Mr. Gaurav Singh, Advocate Mr. Huma Siddiqua, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

1. Heard learned counsel for the petitioners, Mr. Chandra Bhushan Prasad learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no.2/complainant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 504, 498A and 34 of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioners submits that petitioners being the father-in-law and mother-in-law of the

Patna High Court CR. MISC. No.22522 of 2024(2) dt.02-04-2024 2/3 opposite party no. 2 have been falsely implicated in the present case with general and omnibus allegation of demand of dowry and torture. It is further submitted that whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner. It is next submitted that petitioners are aged about 74 and 60 years respectively and the thrust of the allegation is against the husband of the opposite party no. 2.

4. Mr. Chandra Bhushan Prasad, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2 opposed the prayer for anticipatory bail of the petitioners but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioners that there is no specific allegation of demand of dowry and torture against the petitioners rather the allegations are general and omnibus in nature.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.22522 of 2024(2) dt.02-04-2024 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1391 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T