Afroz Khan @ Guddu @ Md. Afroz Khan And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45678 of 2017 Arising Out of PS.Case No. -1702 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Afroz Khan @ Guddu @ Md. Afroz Khan son of Late Nasim Khan.

2. Raushan Ara wife of Late Nasim Khan.

3. Minu Mumtaz daughter of Late Nasim Khan.

4. Rehan Khan son of Late Md. Moin Khan.

5. Farhat Jabi wife of Rehan Khan Petitioner Nos. 1 to 3 are residents of Mohalla - Bhikhanpur Gumti No. 3, Near Kabragah, Police Station - Ishakchak, District - Bhagalpur and petitioner Nos. 4 and 5 are residents of Mohalla - Shahjangi, Police Station - Habibpur, District - Bhagalpur. .... .... Petitioners

Versus

1. The State of Bihar.

2. Khalda Khatoon daughter of Late Syed Abdul Samad Quarter No. E/10, Gandass Project, Ratwara Colony, P.O. Ramna, Police Station - Town (Sadar), District - Muzaffarpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Binay Kumar, Advocate. For the State : Smt. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 1702 of 2014 for the offences instituted under Sections 498(A), 323, 384, 307, 406, 420/34 of the IPC and 3⁄4 of the D. P.Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the complainant due to

Patna High Court Cr.Misc. No.45678 of 2017 (2) dt.19-09-2017 2/2 non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case due to petty family dispute. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. It has been submitted by learned counsel for the State that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1702 of 2014 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 S.D.J.M. Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T