Ataul Rahman @ Ataur Rahman And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.27654 of 2016 (3) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27654 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -KADWA District- KATIHAR ======================================================

1. Ataul Rahman @ Ataur Rahman, S/o Md. Patwari,

2. Hazara Khatoon @ Hajra Khatoon, w/o Ataur Rahman,

3. Irshadi Begum @ Arshadi Begum, D/o Ataur Rahman,

4. Sabara Khatoon @ Sabera Khatoon, D/o Ataur Rahman, All R/o villageBagmari, P.S. Balia, Belon (Kadawa), District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners, being the father-in-law, mother-in-law and sister-in-laws of the victim lady, are apprehending their arrest in connection with Kadwa (Balia Belon) P.S. Case No. 52 of 2016 for the offences registered under Sections 341, 323, 328, 307 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Dairy of the present case was called for, which has since been received.

Learned counsel for the petitioners submits that save and except the allegation against the husband, there is no cogent

Patna High Court Cr.Misc. No.27654 of 2016 (3) dt.17-09-2016 material in the case dairy to implicate the petitioner in the present case. Furthermore, the allegation as has been made out is not against the petitioners and the allegation of assault is against the husband alone.

Considering the nature of allegation made against the petitioners and that there is no cogent material in the case dairy to implicate the petitioners in the present case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., IV, Katihar in connection with Kadwa (Balia Belon) P.S. Case No. 52 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T