Mokhtar Mian And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55684 of 2015 Arising Out of PS.Case No. -901 Year- 2015 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Mokhtar Mian son of Late Mofil Mian
2. Arman Mian, son of Mokhtar Mian
3. Najmee Khatoon, wife of Arman Mian All Residents of Village- Barai Patti, P.s.- Jadopur, District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Sahima Khatoon wife of Babu Hasan, Resident of Village- Barai Patti, P.s. Yadopur, District- Gopalganj, At present Daughter of Jamuddin Mian, Resident of Village- Ekderwan, P.S and District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners being father, brother and brother's wife of the husband of the complainant are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 406/34 of the Indian Penal Code.
The basic accusation is of torture and driving the complainant out of the matrimonial house.
Patna High Court Cr.Misc. No.55684 of 2015 (2) dt.08-12-2015 2/3 It is submitted by the learned counsel for the petitioner that the accusation is omnibus and general against the entire in-laws family. The petitioner are ready to keep the complainant in matrimonial house. Considering the nature of accusation and the stand of the petitioners, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Gopalganj in connection with Complaint Case No. 901 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bonds of the petitioners will be accepted on filing of separate affidavit by the petitioners before the learned court below that they will allow the complainant to enjoy her share of property in the matrimonial house. The said affidavits will be transmitted by the learned court below to the concerned I.O. Non compliance of the aforesaid undertaking will give liberty to prosecution to file application for cancellation of bail by
Patna High Court Cr.Misc. No.55684 of 2015 (2) dt.08-12-2015 3/3 learned court below.
(Dinesh Kumar Singh, J) Anil/- U T