Kajal @ Salma Baigam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29761 of 2021 Arising Out of PS. Case No.-40 Year-2018 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

KAJAL @ SALMA BAIGAM W/o Md. Sabir Resident of Village - Deyari, P.S.- Benipatti, Distt.- Madhubani.

2.

Samir Son of Md. Sabir Resident of Village - Deyari, P.S.- Benipatti, Distt.- Madhubani.

3.

Samim Son of Md. Sabir Resident of Village - Deyari, P.S.- Benipatti, Distt.- Madhubani.

4.

Atabul Son of Md. Ramjani Resident of Village - Deyari, P.S.- Benipatti, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-03-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Mahila P.S. Case No. 40 of 2018 registered for offence punishable under sections 341, 323, 498(A), 354/34 of the Indian Penal Code.

It is a case of matrimonial dispute. The informant

Patna High Court CR. MISC. No.29761 of 2021(3) dt.02-03-2022 2/3 Samina Khatoon has lodged FIR, stating therein that earlier she has lodged a case against her husband and his family members under section 498(A) of the Indian Penal Code and other allied sections. That case was compromised on the condition that her husband shall bear the expenses incurred on the informant and he will not torture her. It has further been alleged that when she went to her matrimonial house, her husband and other accused persons, including the present petitioners subjected her to cruelty for demand of dowry of Rs.1,00,000/- (one lakh). The learned counsel for the petitioners has submitted that petitioner no. 1 is second wife of the husband of the informant. Petitioner no. 2 and 3 are sons of petitioner no. 1 and petitioner no. 4 is their co-villager.

They have no concern with the alleged occurrence. He has further submitted that the husband of informant Md. Sabir has already filed a separate anticipatory bail petition, which is pending in this Court. Considering the above mentioned facts and circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.29761 of 2021(3) dt.02-03-2022 3/3 connection with Mahila P.S. Case No. 40 of 2018, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T