Md. Kalam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4888 of 2017 Arising Out of PS.Case No. -202 Year- 2015 Thana -SIWAN MAHILA P.S. District- SIWAN ======================================================

1. Md. Kalam (Husband), S/o Late Ehsanul Haque, R/o Village Basara, P.S. Baraharia, District Siwan.

2. Masha Allah, (Agua) S/o Late Akhatar Hussain.

3. Shakila Khatoon, (Wife of Agua) W/o Masha Allah Both are Resident of Village- Pateji, PS Assawn, District Siwan.

4. Shakira Khatoon (Mother in Law), W/o Late Ehsanul Haque, Resident of Village- Badesara, PS Badaharia, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Kant, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 498(A), 506, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

It has been submitted that petitioner No. 1 is husband of the informant, petitioner Nos. 2, 3 are mediator whereas petitioner No. 4 is mother-in-law of the informant. From the written report it appears that there is no specific allegation of overt act against the petitioner Nos. 2, 3 and

Patna High Court Cr.Misc. No.4888 of 2017 (2) dt.14-02-2017 2/2 4.

Considering the facts and circumstances of the case, let the petitioner Nos. 2, 3 and 4 namely, Masha Allah, Shakila Khatoon and Shakira Khatoon, in the event of surrender within six weeks from the date of receipt of this order, in connection with Siwan Mahila P.S. Case No. 202 of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438 (2) Cr. P.C. So far as petitioner No. 1 namely, Md. Kalam is concerned, the application against him is disposed off with a direction to surrender before the court below within a period of four weeks from today and make prayer for regular bail which shall be considered by the court below in accordance with law. (Sanjay Priya, J) S.Ali/- U T