Md. Nurul Hassan @ Md. Nur Hassan And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20827 of 2017 Arising Out of PS.Case No. -124 Year- 2016 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Md. Nurul Hassan @ Md. Nur Hassan, Son of Late Shekh Nisaral.
2. Sayra Khatoon, Wife of Md. Nurul Hassan @ Md. Nur Hassan. Both Resident of Village- Resna, Police Station- Gwalpara, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Segam Khatoon, Wife of A-sad Alam, Daughter of Iliyas, Resident of Village- Resna, Police Station- Gwalpara (Arrar), District- Madhepura. At present Resident of Village- Jogira, Police Station- Puraini, DistrictMadhepura. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Ms. Sucheta yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 124 of 2016, disclosing offences under Sections 323/498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the complainant. The matrimonial discord appears to be the root cause of lodging 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.
Patna High Court Cr.Misc. No.20827 of 2017 (3) dt.13-07-2017 2/2 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 petitioners, namely, Md. Nurul Hassan @ Md. Nur Hassan and Sayra Khatoon, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura, in connection with Complaint Case No. 124 of 2016, subject to the condition 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 Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √