Ajmer Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18803 of 2019 Arising Out of PS. Case No.-670 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Ajmer Khan, Son of Late Adood Khan 2.

Jainab Khatoon Wife of Azamer Khan 3.

Shabanam Khatoon D/o Azamer Khan 4.

Sk. Shahjad Son of Sk. Imam Petitioner Nos. 1 to 4 are resident of Village - Mohalla Chhawni, Ward No.05, P.S.- Bettiah Town (Kalibagh O.P), Distt.- West Champaran. 5.

Sk. Mahboob Son of Sk. Haroon 6.

Shahjadi Khatoon Wife of Sk. Mahboob 7.

Hamidan Khatoon Wife of Sk. Haroon Petitioner Nos. 5 to 7 are resident of Village - Pokhariya, P.S.- Shikarpur, Distt.- West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nilu Khatoon Wife of Abdullah Khan, D/o Md. Nasir Ali Khan, Resident of Village - Mohalla Chhawni, Ward No.05, P.S.- Bettiah Town (Kalibagh O.P), Distt.- West Champaran.

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

For the Petitioner/s :

Md. Anis Akhtar For the Opposite Party/s :

Mr. Pranav Kumar For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Bettiah Town Police Station Case No. 670 of 2018, disclosing offences punishable under Sections 341, 323, 447, 498(A) and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry

Patna High Court CR. MISC. No.18803 of 2019(2) dt.28-03-2019 2/3 Prohibition Act.

The petitioner no. 1 is father-in-law and the petitioner no. 2 is the mother-in-law of the informant. Petitioner no. 3 is the sister of husband of the informant, whereas petitioner no. 4 is husband of the petitioner no. 3. Petitioner no. 5 is the maternal uncle of the husband of the informant, whereas petitioner no. 6 is the wife of petitioner no. 5. Petitioner no. 7 is maternal grandmother of the husband of the informant. All these petitioners have been made accused in the above noted case. Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioners have been implicated only because they are family members/relatives of the husband of the informant. Matrimonial dispute between between the informant and her husband is the reason behind the registration of the First Information Report. Considering the nature of accusation, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah,

Patna High Court CR. MISC. No.18803 of 2019(2) dt.28-03-2019 3/3 District-West Champaran in connection with Bettiah Town Police Station Case No. 670 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U