Patna High CourtCR. MISC./57944/2015bail granted

Israr Khan And ORS v. State Of Bihar And ANR

2016-01-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57944 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Israr Khan

2. Mozammil Khan

3. Manju Khatoon .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsels for the petitioner and the State. The petitioner no.1 being the husband of the informant and petitioner nos. 2 and 3 being the parents of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 498A, 323 and 307/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand. It is also alleged that the petitioner no.1 assaulted the informant and made attempt to cause burn injury to the informant.

It is submitted by learned counsel for the petitioners that for the petty dispute, the accusation has been levelled. The petitioner no.1 was ready to keep the informant before the learned

Patna High Court Cr.Misc. No.57944 of 2015 (2) dt.04-01-2016 2/2 court below but the informant was not ready to reside with the petitioner. It is further submitted that the petitioner no.1 has filed Matrimonial Case No. 265 of 2015 for restitution of conjugal life on 06.08.2015 and thereafter the present FIR was lodged on 07.09.2015.

Considering the nature of accusation, matrimonial suit filed by petitioner no.1 at earlier point of time and the stand of the petitioner no.1, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Bettiah, West Champaran in connection with Bettiah Mahila P.S. Case No. 8 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T