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Patna High CourtCR. MISC./35167/2017bail granted

Sobra Khatoon And ORS v. State Of Bihar And ANR

2017-08-16Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35167 of 2017 Arising Out of PS.Case No. -2095 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Sobra Khatoon Wife of Md. Nezam

2. Rubi Khatoon D/o Nezamuddin

3. Shafram Khatoon Wife of Anwar Khan

4. Nazma Khatoon D/o Kazu Miyan

5. Taffasum Khatoon D/o Nezamuddin Resident of Village-Pokhrapar, Bihar Sharif, P.S. Murarpur, District-Nalanda, Petitioner No. 3 is resident of Village- Andhuna, P.O. Bihar Sharif, District-Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Guriya Khatoon Wife of Md. Jahagir Khan Resident of VillagePokhrapur, Bihar Sharif P.S. Murarpur, District-Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma, For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 2095 of 2013, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioners are ladies. Petitioner No.1 is the motherin-law of the complainant, whereas petitioners No. 2 to 5 are sisters of the husband of the complainant.

It is evident from the materials on record that matrimonial discord between them is the root cause for

registration of the First Information Report. No purpose will be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Complaint Case No. 2095 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U