Hayatun Nissa @ Malka Bano And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 48549 of 2016 Arising Out of PS.Case No. -319 Year- 2016 Thana -PHULWARISHARIF District- PATNA ======================================================
1. Hayatun Nissa @ Malka Bano, Wife of Late Abdul Rahman,
2. Md. Azad, Son of Late Abdul Rahman Both resident of Village- Murgiya Chak, P.S.- Janipur, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. S.N.Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.
13-12-2016 Heard Sri Nilesh Kumar, learned counsel for petitioners and Sri S.N.Shukla, learned Addl. Public Prosecutor. Two petitioners, who are mother-in-law and brotherin-law (Dewar) of the informant, have prayed for grant of anticipatory bail in Phulwarisharif (Janipur) P.S. Case No. 319 of 2016 registered for offence under Section 498(A) of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961.
Earlier, the case was adjourned to enable learned counsel for petitioners to get status of the husband of the informant. For the same purpose, it was adjourned twice and today it was informed that husband of the informant has filed an anticipatory bail application, but learned counsel for petitioners is
Patna High Court Cr.Misc. No.48549 of 2016 (5) dt.13-12-2016 2/2 not in a position to provide the number of anticipatory bail petition. He submits that only token number has been provided. After going through the F.I.R. and materials on record, I do not find any ground to extend the privilege of anticipatory bail. However, it is made clear that if within a period of six weeks from today, petitioners appear before the court below and make a prayer for regular bail, the learned court below, without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law, preferably on the same date.
The petition stands disposed of.
(Rakesh Kumar, J.) Anay U T