Md. Wakil And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37720 of 2017 Arising Out of PS.Case No. -1412 Year- 2015 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Md. Wakil, Son of Late Sadik,

2. Ratuliya Khatoon @ Jaibul Khatoon, W/o Md. Wakil,

3. Wakila Khatoon W/o Md. Islam,

4. Md. Islam Son of Md. Wakil, All the R/o Village- Bhatsimar, Baluaha, P.S.- Rajnagar, District- Madhubani.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Shahida Khatoon, W/o Md. Isharail, R/o Village- Bhatsimar, Baluaha, P.S.- Rajnagar, District- Madhubani.

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

For the Petitioners : Mr. Subhash Kumar Jha, Advocate. For the State : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with C.R. Case No. 1385/1412 of 2015, corresponding to T.R. No. 2568 of 2016 for the offences instituted under Sections 406, 420, 494 and 498(A)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the complainant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.37720 of 2017 (2) dt.10-08-2017 2/2 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 case is triable by the Magistrate. The petitioners are in-laws of the complainant. They are separate in mess and property from the husband of the complainant 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. On behalf of the State, it has been submitted that the petitioners are named in the complaint case.

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 C.R. Case No. 1385/1412 of 2015, T.R. No. 2568 of 2016 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. Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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