Md. Rizwan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25447 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Md. Rizwan, Son of Late Mojalim @ Bhola Miyan

2. Musarrat Begum @ Fatma, Wife of Md. Rizwan Both resident of village - Kirtaul, P.S. -Teghra,District -Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Fahimuddin For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02-08-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the parents of the husband of the daughter of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A and 364 of the Indian Penal Code. The prosecution case is that the daughter of the informant was married with the son of the petitioners, namely, Md. Subhan four years prior to the lodging of the case, but the husband of the daughter of the informant used to assault the daughter of the informant. The accused persons made assault to the daughter of the informant and snatched her belongings including jewellery and thereafter she went traceless.

Patna High Court Cr.Misc. No.25447 of 2016 (3) dt.02-08-2016 2/2 It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the daughter of the informant and the petitioners are old persons. The accusation against the petitioners is omnibus and general. The learned APP after going through the case diary submits that the accusation of torture and making assault has been levelled against entire in-laws family including the petitioners. Petitioner no. 1 filed Complaint Case No. 2143 of 2015 against the informant and his family members. Though, prima facie, thrust of accusation is against the husband of the daughter of the informant.

Considering the fact that the victim is still traceless, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Teghra P.S. Case No. 198 of 2015 pending in the court of learned Chief Judicial Magistrate, Begusarai. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T