Most. Mariyam Khatoon And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34498 of 2017 Arising Out of PS. Case No.-196 Year-2016 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Most. Mariyam Khatoon, W/o Late Mahamjan Ansari, 2.

Tahir Ansari @ Md. Tahir Son of Mahamjan Ansari, 3.

Mumtaz Ansari Son of Mahamjan Ansari All are R/o Village- Chhauradano Bhelwa, P.S.- Chhauradano, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

Tassum Khatoon D/o Sanaullah Ansari, W/o Mokhtar, R/o VillageAthmuhai, P.S.- Jharokhar, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. SRI RAM BILASH ROY RAMAN ====================================================== 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 Complaint Case No. 196 of 2016, disclosing offence under Sections 323/504/379/498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner no. 1 is the mother-in-law of the complainant; whereas petitioner nos. 2 and 3 are the brothers 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

Patna High Court Cr.Misc. No.34498 of 2017(2) dt.11-08-2017 2/3 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 petitioners, namely, Most. Mariyam Khatoon, Tahir Ansari @ Md. Tahir and Mumtaz Ansari, 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, Raxaul, Motihari, East Champaran, in connection with Complaint Case No. 196 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

Patna High Court Cr.Misc. No.34498 of 2017(2) dt.11-08-2017 3/3 liable to be cancelled.

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