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Patna High CourtCR. MISC./32066/2019bail granted

Md. Yasin Nadaf v. The State Of Bihar

2019-05-15Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32066 of 2019 Arising Out of PS. Case No.-133 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Md. Yasin Nadaf Son of Late Jimdar Nadaf Resident of Village - Banbhirava Tola, Madhuban, Basaha, P.S.- Bajpatti, Dist.- Sitamarhi 2.

Khaitoon Khatoon Wife of Md. Yasin Nadaf Resident of Village - Banbhirava Tola, Madhuban, Basaha, P.S.- Bajpatti, Dist.- Sitamarhi ... ... Petitioners.

Versus

1.

The State of Bihar.

2.

Nasima Khatoon Wife of Md. Jahruddin Nadaf Resident of Village - Banbhirava Tola, Madhuban, Basaha, P.S.- Bajpatti, Dist.- Sitamarhi, At Present D/O Md. Kasim Nadaf, Village - Sandhwara, P.S. - Bajpatti, District - Sitamarhi ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498-A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioners who are parents-in-law of the complainant are said to have demanded dowry and tormented the victim over the aforesaid demand and finally drove her out of her marital house snatching her belongings

Patna High Court CR. MISC. No.32066 of 2019(2) dt.15-05-2019 2/2 and thrashing her in association of other accused persons. Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case. They have neither made demand of dowry nor tormented the complainant nor drove her out of her marital house. They happen to be parents-in-law of the complainant. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, 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, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri at Sitamarhi in connection with Complaint Case No.133/2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T