Noor Aisha Khatoon And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48343 of 2015 Arising Out of PS.Case No. -3147 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================
1. Noor Aisha Khatoon Wife of Late Md. Ajimullah,
2. Yasmin Shekh Daughterof late Ajimullah, Both residents of village - Netaji Housing society Room No. 203 E wing second floor Thewar Nagar Kalyanwadi, P.S. - Dharabi Qifit Road, District - Mumbai.
3. Saliman Khatoon @ Salimani Wife of Md. Khali,
4. Md. Arif, Son of Late Abdul kalam, Both residents of village - Kuanwa, P.S. - Chakia, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar. null null
2. Rau Praveen Daughter of Md. Moinul Hque, Resident of Mohalla - Gandhi Nagar, P.S. - Motihari Town, District - East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsels for the petitioners and the State. The petitioners being the mother, sister, maternal grandmother and cousin of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 494, 495, 498A, 379, 420, 120B and 109 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The prosecution case is that the complainant was married to Abdul Ajij @ Sheikh Ajijullah on 07.06.2005 thereafter
Patna High Court Cr.Misc. No.48343 of 2015 (2) dt.14-10-2015 2/2 the husband of the complainant started demanding dowry and inflicting torture, subsequently the complainant came to know that her husband is already married. It is alleged against the petitioners that they also facilitated the infliction of torture. Learned Addl. Sessions Judge disposed of the anticipatory bail application of the petitioners on the ground that the summons have been issue against the accused persons in a complaint case.
It is submitted by learned counsel for the petitioner that now the warrant has been issued against the petitioners which also gets reflected from the impugned order.
Considering the thrust of accusation against the husband of the complainant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court bel ow within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Complaint Case No. 3147 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T