Shamim Ahmad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39464 of 2017 Arising Out of PS.Case No. -614 Year- 2016 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Shamim Ahmad son of Late Amir Hasan

2. Nasreen Ahmad, wife of Shamim Ahmad Both are resident of village- Chandanpatti, P. S. Ashok Paper Mill, District-Darbhanga .... .... Petitioner/s

Versus

1. State of Bihar

2. Faukiquia Farheen alias Rokaiya, daughter of late Md. Usman alias Hakim Md. Usman Shahid Hashmi, resident of Mohalla Zakaria Colony Sadpura PS- Kazi Mohammadpur, Distrit Muzaffarpur . .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 614 of 2016(Tr. No. 2764 of 20156), disclosing offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner No. 1 is the father-in-law and petitioner No.2 is the mother-in-law of the complainant. It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present

themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

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

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate (East), Muzaffarpur in Complaint Case No. 614 of 2016 (Tr. No. 2764 of 2016), subject to the conditions as 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 Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U