Mojbullah Rayeen @ Mohan Rayeen And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3697 of 2018 Arising Out of PS.Case No. -423 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mojbullah Rayeen @ Mohan Rayeen, Son of Late Md. Suleman Rayeen,

2. Ehsan Ali @ Ahsan Ali, Son of Mojbullah Rayeen,

3. Yunus Miya @ Inus Miya, Son of Nabi Miya, All residents of VillageKawalpur Mai Sthan, P.S.- Sugauli, District- East Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

2. Sayida Fatma, Wife of Md. Irfan Ali, and daughter of Md. Alam, resident of Mohalla- Kishun Bag, Mohammad Nagar, Gali No.1, Ward No. 14, P.S.- Bettiah Town, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Umesh Chandra Verma, Advocate. For the State : Mrs. Dr. Indiwar Kumari , A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 504, 498(A)/34 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.3697 of 2018 (2) dt.18-01-2018 2/2 against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah, in connection with Bettiah Town P.S. Case No. 423 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T