Naima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19091 of 2019 Arising Out of PS. Case No.-1747 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

Naima Khatoon, w/o Ali Ahmad @ Ali Mohammad, Resident of VillageJuafar, P.S.-Bhagwanpur Hat, District-Siwan. 2.

Ali Ahmad @ Ali Mohammad S/o Late Hadish Mian, Resident of VillageJuafar, P.S.-Bhagwanpur Hat, District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shantra Khatoon W/o Shah Nawaz @ Emtiyaz Ali, D/o Pan Mohammad @ Mo.Emamuddin, Resident of Village-Juafar, P.S.-Bhagwanpur Hat, DistrictSiwan, At present resident of village-Hulesara, P.S.-Bhagwanpur Hat, District-Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and the State. The petitioners being the parents of the husband of the complainant, are apprehending their arrest in connection with Complaint Case No.1747 of 20118 registered for the offence punishable under Section 498 (A) of the Indian Penal Code. The prosecution case, as per the complaint petition of Santra Khatoon w/o Shahnawaj @ Imteyaj submitted to the Chief Judicial Magistrate is to the effect that the marriage of the informant was performed with the petitioner on 17.05.2017 but subsequent to the marriage, further dowry demand of a Hero Honda and a gold chain was made and due to non-fulfillment of the same, torture was inflicted upon the complainant by petitioners and other in-law family

Patna High Court CR. MISC. No.19091 of 2019(2) dt.29-03-2019 2/2 members.

Learned counsel for the petitioner submits that the complainant resides with her husband in Himachal Pradesh. It is further submitted that the thrust of accusation is against the husband of the complainant and petitioners are not having any criminal antecedent.

Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that the specific accusation has been levelled against the petitioners.

Considering the thrust of accusation against the husband of the complainant and the fact that petitioners are not having criminal antecedent, the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Siwan in connection with Complaint Case No.1747 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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