Ambeya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32877 of 2019 Arising Out of PS. Case No.-323 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Ambeya Khatoon, W/o Md. Ijhar Alam Resident of Village-Madhopur,P.SChiraiya, District-East Champaran. 2.

Mamoon Rashid S/o Md. Ijhar Alam Resident of Village-Madhopur,P.SChiraiya, District-East Champaran. 3.

Md. Ijharul Haque @ Md. Ijhar Alam @ Md. Ijhar Son of Late Abdus Salam Resident of Village-Madhopur,P.S-Chiraiya, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar, 2.

Fatma Khatoon W/o Haroon Rashid D/o Md. Abdullah Resident of Presently at Village-Gamhariya, P.S. Dhaka, District-East Champaran Matrimonial Home Village Madhopur, P.S.-Chiraiya,District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. C-323 of 2017, registered under Sections 498(A), 323, 120B, 504, 313, 420 and 379 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The accusation is that the marriage of complainant/O.P. No.2 was performed with Harun Rashid in the year 2004 and after the marriage, she went to her

Patna High Court CR. MISC. No.32877 of 2019(2) dt.20-05-2019 2/2 matrimonial house and started living with her husband and other in-laws. In the meanwhile, she blessed with three children due to the wedlock, but in spite of that she was being tortured and removed from her matrimonial house due to non fulfillment of demand of cash of Rs. One Lakh and motorcycle. Learned counsel appearing for the petitioner submits that petitioner Nos. 1 Ambeya Khatoon, petitioner No.2 Mamoon Rashid and petitioner No.3 Md. Ijharul Haque @ Md. Ijhar Alam @ Md. Ijhar are mother-in-law, father-inlaw and brother-in-law of the complainant/O.P. No.2 and they used to reside separate to the husband of the complainant/O.P. No.2 and they have falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sikarhana, Dhaka, East Champaran in connection with Complaint Case No. C-323 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T