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Patna High CourtCR. MISC./39715/2016bail granted

Md. Ramjani And ORS v. The State Of Bihar

2016-09-23Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39715 of 2016 Arising Out of PS.Case No. -290 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Md. Ramjani, Son of Manjoor Alam (Anticipatory Bail Petition of this petitioner has been disposed of as infructuous vide order no. 2 dated 19.09.2016)

2. Md Muslim, son of Md. Alli Jam.

3. Tipu Sultan, Son of Md. Kudus.

4. Bablu, Son of Md. Kudus

5. Md. Karim, Son of Md. Siraj All resident of Village: Brindaban, P.S. & District- Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2016 Heard both sides.

The petitioners no. 2 to 5, namely, Md. Muslim, Tipu Sultan, Bablu and Md. Karim, apprehend their arrest in Lakhisarai P.S. Case No. 290/16 registered under Section 307 and other sections of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

Informant Saimun Khatoon alleged that she was married with Md. Asar on 19.01.2015. Her husband went to Mumbai to earn his livelihood but after 2-3 months of marriage,

Patna High Court Cr.Misc. No.39715 of 2016 (3) dt.23-09-2016 2/3 her father-in-law Md. Kayum and mother-in-law Roshani Khatoon and other family members began to torture her for non-fulfillment of demand of dowry. She went to her Naihar and gave birth to a female child. She demanded partition. On 30.05.2016 the elder brother of the informant was going to participate in a marriage but Md. Kayum assaulted him with sword. The informant went to save her elder brother but thereafter the accused persons assaulted the informant, her father and other family members. Learned counsel for the petitioners submits that there is a counter-version bearing Lakhisarai P.S. Case No. 291/16. The informant, her brother and father got simple injuries. Now the case is compromised.

It appears that the petitioners are the family members of the husband of the informant and no specific allegation of assault is made against them.

Considering the facts aforesaid, the above named petitioners no. 2 to 5, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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, Lakhisarai in

Patna High Court Cr.Misc. No.39715 of 2016 (3) dt.23-09-2016 3/3 Lakhisarai P.S. Case No. 290/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T