Bibi Amodi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7257 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Bibi Amodi wife of Abdul Quadir
2. Bibi Zaitoon Nishan, wife of Late Abdul Jalil
3. Md. Sabbir Alam, son of Late Abdul Jalil
4. Asiya Begum wife of Md. Sabbir
5. Abdul Rajik, son of Late Abdul Jalil, all resident of village- Simalbari, P.S. Baisi, District- Purnea .... .... Petitioners
Versus
1. State of Bihar
2. Rukhsana Khatoon wife of Abdul Quadir, D/o Abdul Wahid, resident of village- Simalbari, P.S. Baisi, District- Purnea, present address- resident of village- Shadipur-Butha Tola-Jhanpur, P.S. Baisi, District- Purnea .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nadimul Hasan For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with Complaint Case No. 151 of 2016 for the offences instituted under Sections 498A and 307 of the Indian Penal Code. The prosecution case, in brief, is that after one week of the marriage, the complainant came to know that her husband has earlier solemnized marriage with Amodi, the petitioner no.1. It is further alleged that the husband of the complainant gave pressure upon the complainant for bringing two and half lac of cash as
Patna High Court Cr.Misc. No.7257 of 2017 (2) dt.14-02-2017 2/3 dowry and due to non-fulfillment of the demand, her husband along with the petitioners subjected mental and physical torture upon the complainant and also assaulted on her neck with ropes. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner no.1 is said to be first the wife of Abdul Quadir, the husband of the complainant, petitioner no.2 is motherin-law of the complainant, petitioner no.3 is brother-in-law of the complainant, petitioner no.4 is sister-in-law of the complainant and petitioner no.5 is brother-in-law of the complainant. It is further submitted that as far as petitioner no.
1 is concerned, she is Bhabhi of the husband of the complainant and not wife of the husband of the complainant. They are separate in mess and property from the husband of the complainant. On behalf of the State and the Counsel of the informant, it has been submitted that the petitioners are named in the Complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with
Patna High Court Cr.Misc. No.7257 of 2017 (2) dt.14-02-2017 3/3 Complaint Case No. 151 of 2016, on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T