Patna High CourtCR. MISC./50926/2014bail granted

Atik Ansari And ORS v. The State Of Bihar

2015-02-20Mr. Justice Dinesh Kumar Singh2 pages

Patna High Court Cr.Misc. No.50926 of 2014 (2) dt.20-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50926 of 2014 Arising Out of PS.Case No. -34 Year- 2014 Thana -NIRMALI District- SUPAUL ======================================================

1. Atik Ansari S/O Md.Sadik Ansari

2. Khaitun Khatoon W/O Atik Ansari

3. Hadisha Khatoon W/O Md.Firoz All are residents of Village - Hariyahi,P.S-Nirmali,District-Supaul .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2015 Heard learned counsels for the petitioners and the State. The petitioners being parents and second wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,498A and 494/34 of the Indian Penal Code. The basic accusation is of torture for non fulfillment of dowry demands and performing second marriage. It is submitted by the learned counsel for the petitioners that thrust of accusation is against the husband who has been granted bail by the learned court below.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or

Patna High Court Cr.Misc. No.50926 of 2014 (2) dt.20-02-2015 surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Birpur at Supaul in connection with Nirmali P.S. Case No. 34 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on filing of an affidavit by the petitioner before the learned court below that they will allow the informant to enjoy her share of property in the matrimonial house. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non compliance of the aforesaid undertaking will give liberty to prosecution to file application for cancellation of bail by learned court below.

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