Md. Manzoor Nadaf And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2590 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Md. Manzoor Nadaf, Son of Late Hanif Nadaf,

2. Sagira Nadaf @ Sagira Khatoon, Wife of Md. Manzoor Nadaf,

3. Md. Guudu Nadaf @ Md. Guddu, Son of Md. Manzoor Nadaf, All are resident of Village- Humayunpur, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioners

Versus

1. The State of Bihar.

2. Afsana Khatoon, W/o Md. Sadre Nadaf, D/o Taslim Nadaf, at present resident of Village-Narharpur, P.S.- Bajpatti, District- Sitamarhi. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in a case instituted under Section 498(A) of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.2590 of 2018 (2) dt.17-01-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of victim. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari 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.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.C-1/84/17 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T