Md. Zakir And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34291 of 2017 Arising Out of PS. Case No.-1270 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Md. Zakir, Son of Late Budhan, 2.

Md. Ashraf, Son of Md. Zakir, Both of Resident of Village- Bhutahi, P.S.- Sonbarsa, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rahmati Khatoon, W/o Md. Aslam, D/o Md. Kasim, Resident of village Bhutahi, P.S.- Sonbarsa, District- Sitamarhi, at present residing at R/o Village- Bhutahi, P.S. Sonbarsa, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. SRI ANIL KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Case No. C-1/1270 of 2016, disclosing offence under Section 498A of the Indian Penal Code.

The petitioner no. 1 is the father-in-law of the complainant; whereas petitioner no. 2 is the brother of the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition. The Courts have taken judicial notice of the fact that family members of the husband are implicated in order to create pressure on the husband and his family members.

There is no reason for this Court to feel that if granted anticipatory bail, the petitioners shall flee from the course of trial.

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

Let the petitionera, namely, Md. Zakir and Md. Ashraf, in the event of their arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sadar, Sitamarhi, in connection with Case No. C-1/1270 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

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

Prabhakar Anand/- (Chakradhari Sharan Singh, J) U √ T √