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Patna High CourtCR. MISC./20049/2022allowed

Abdul Jalil @ Md. Jalil v. The State Of Bihar

2022-09-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20049 of 2022 Arising Out of PS. Case No.-1039 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

Abdul Jalil @ Md. Jalil Son Of Late Abdul Rahaman Resident Of Dokhada, P.S. Kadwa, District - Katihar.

2.

Bibi Rubena Khatoon wife of Abdul Jalil Resident of Dokhada, P.S. Kadwa, District - Katihar.

3.

Md. Sintu @ Mukhda @ Md. Mukhda Hasan Son of Abdul Jalil Resident of Dokhada, P.S. Kadwa, District - Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Reshama Praveen Wife of Mahafuz Alam Daughter of Md. Habib Resident of VIP Colony, Madhopara PS K- Hat (Sahayak), District - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 328, 120(B) of the Indian Penal Code. The prosecution case as per F.I.R is that complainant married with one Md. Mahfouz Alam and soon after marriage, demand of dowry was made. The complainant was pressurized to get her pregnancy aborted. As a result of which, she became physically ill.

Patna High Court CR. MISC. No.20049 of 2022(2) dt.21-09-2022 2/3 The physical health of the complainant became deteriorated with the passage of time but the in-laws family members never make arrangement for her treatment. Lastly, the father of the complainant took her to her parental house and she was diagnosed with major renal failure. Presently the complainant is in dialysis. It is alleged against the petitioners that being in-laws family members they never helped the complainant and when the father of the complainant went to the house of the petitioners and demanded help for kidney transplantation, they denied to help the complainant. It is submitted by learned counsel for the petitioners that the petitioners are in-laws of the complainant and they are falsely been implicate in the present case. It is further submitted that the complainant has already been suffering from various acute diseases from her pre-marriage time which resulted into development of renal disease. It is also submitted that the complainant has been trying

Patna High Court CR. MISC. No.20049 of 2022(2) dt.21-09-2022 3/3 intentionally to misled the case and the petitioners never harassed the complainant either mentally or physically. Moreover, the responsibilities lies upon the husband of the complainant who is not petitioner before this Court. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with complaint petition No. 1039 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T