Md. Nasim And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22147 of 2017 Arising Out of PS.Case No. -698 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Md. Nasim, Son of Late Md. Ismail.

2. Bibi Aara, Wife of Md. Nasim.

Both resident of Village- Sardarpur, P.S. Nathnagar District- Bhagalpur. .... .... Petitioners.

Versus

1. The State of Bihar.

2. Bibi Soni, daughter of Md. Jamal, resident of Village- Garhotia, P.S. /P.O.- Lodipur, District- Bhagalpur.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr. For the State : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 10-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No.698 of 2015 registered under Sections 323, 504, 506, 147, 148, 384, 379, 307 and 498A of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act. The accusation is of torturing the complainant/opposite party no.2 by her husband and in-laws through various modes due to non fulfillment of demand of cash Rs.1,00,000/- in dowry and to remove her from the matrimonial house.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.22147 of 2017 (6) dt.10-11-2017 2/2 petitioners are parents-in-law of the complainant/opposite party no.2 and there is general and omnibus allegation against them to torture the complainant/opposite party no.2 and making demand of dowry from the complainant/opposite party no.2. Further submission is that while the notice as issued to the complainant/opposite party no.2 under ordinary process has been received by the father of the complainant/opposite party no.2 but none turned up on her behalf.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Complaint Case No.698 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T