Md. Rahmat @ Muswa @ Musa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27630 of 2023 Arising Out of PS. Case No.-884 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== 1.
MD. RAHMAT @ MUSWA @ MUSA S/O PALLOW @ RAHIM R/O Village- Dholbajja, Ward No.11, P.S- Forbesganj, Distt.- Araria. 2.
Nure Hasan S/O Md. Zahid R/O Village- Dholbajja, Ward No.11, P.SForbesganj, Distt.- Araria. 3.
Farida Khatoon W/O Md. Zahid R/O Village- Dholbajja, Ward No.11, P.SForbesganj, Distt.- Araria. 4.
Juneda Khatoon @ Judeda Khatoon @ Jubeda Khatoon @ Jumaida Khatoon W/O Pallow @ Rahim R/O Village- Dholbajja, Ward No.11, P.SForbesganj, Distt.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2023 Learned counsel for the petitioners is permitted to make necessary correction in the first paragraph of this anticipatory bail application.
2. Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioners and Mr. Ahmad Ali, learned Additional Public Prosecutor for the State.
3. Petitioners apprehend their arrest in connection with Forbesganj PS Case No. 884/2022 dated 19.08.2022 registered for the offence punishable under Sections 498(A), 323, 314, 315/34 of the IPC.
4. As per prosecution case, the daughter of the
Patna High Court CR. MISC. No.27630 of 2023(2) dt.19-07-2023 2/3 informant was married to co-accused, Md. Rizwan about a year ago and after some time, she was subjected to cruelty due to non fulfillment of demand of dowry.
5. Learned counsel for the petitioners submits that the petitioners are family members of the husband of the informant' daughter and they have been implicated in this case on the basis of general and omnibus allegation. Petitioner no.1 is the elder brother-in-law of the informant's daughter, petitioner no.2 is her cousin Devar, petitioner no.3 cousin Devrani and petitioner no.4 is her mother-in-law. He next submits that both the parties have entered into compromise as would be evident from joint affidavit annexed at page 15 of the instant application.
6. Regards being had to the submissions made by the parties, taking into consideration that the allegation against the petitioners is general and omnibus in nature and the petitioners are family members of the husband of the informant's daughter, I am inclined to grant anticipatory bail to the petitioners.
7. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.27630 of 2023(2) dt.19-07-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj PS Case No. 884/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T