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Patna High CourtCR. MISC./28030/2022disposed

Laila Khatoon v. The State Of Bihar

2022-09-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28030 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== 1.

LAILA KHATOON Wife of Md. Rahmat Ali Resident of village - Parham, P.S.- Naya Ramnagar, District - Munger.

2.

Md. Rahmat Ali Son of Late Jahir Alam Resident of village - Parham, P.S.- Naya Ramnagar, District - Munger.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 323/498A of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of demand of dowry and causing torture and harassment to the victim, and no specific overt act has been alleged against them who happen to be dewar and sasur (father-in-law) of the victim. They are separate in mess and business and have no concern with the affairs of the deceased and her husband. Thrust of allegation is against the husband of the victim.

Patna High Court CR. MISC. No.28030 of 2022(2) dt.26-09-2022 2/2 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 Sub Divisional Judicial Magistrate, Khagaria in Beldaur Police Station Case No. 140 of 2021/GR No. 2062 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T