Abdul Ehteshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42509 of 2019 Arising Out of PS. Case No.-2667 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Nooraisha Khatoon @ Nooresa Khatoon Wife of Mahammad Aslam Resident of Village-Sandali, Police Station-Barauli, District-Gopalganj. 2.

Saiyad Alam Son of Amal Haque Resident of Village-Sandali, Police Station-Barauli, District-Gopalganj.

3.

Taj Mahmood @ Taj Mahmad Son of Hasmuddin Resident of VillageSandali, Police Station-Barauli, District-Gopalganj. 4.

Naushad Ali @ Nausad Ali @ Nausad Alam Son of Jamaluddin Resident of Village-Sandali, Police Station-Barauli, District-Gopalganj. ... ... Petitioners.

Versus

1.

The State of Bihar.

2.

Mehrun Nesha Wife of Jugnu Alam Resident of Village-Sandali, Police Station-Barauli, District-Gopalganj. daughter of Late Hafiz Mian, at present residing at Mirjapur, Police Station-Barauli, District-Gopalganj. ... ... Opposite Parties.

====================================================== WITH CRIMINAL MISCELLANEOUS No. 31847 of 2019 Arising Out of PS. Case No.-2667 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Abdul Ehteshan S/o Md. Nazir R/o village- Sandali, P.S.- Barauli, DistrictGopalganj 2.

Jaibun Nesha @ Jaibun Nesa W/o Abdul Ehteshan R/o village- Sandali, P.S.- Barauli, District- Gopalganj ... ... Petitioners.

Versus

1.

The State of Bihar.

2.

Mehrun Nesha W/o Jugnu Alam R/o village- Sandali, P.S.- Barauli, DistrictGopalganj. Daughter of Late Hafiz Mian, at present residing at Mirjapur, P.S.- Barauli, District- Gopalganj ... ... Opposite Parties.

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

(In CRIMINAL MISCELLANEOUS No. 42509 of 2019) For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman

Patna High Court CR. MISC. No.42509 of 2019(4) dt.02-09-2019 2/3 (In CRIMINAL MISCELLANEOUS No. 31847 of 2019) For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-09-2019 As both these anticipatory bail applications arise out of the same P.S. Case No., hence they are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 2667 of 2017, registered under Section 498 A of the Indian Penal Code. Marriage of the complainant with Jugnu Alam was solemnized in the year 2001. She was blessed with four children out of aforesaid wedlock. All the accused started making dowry demand and her husband also developed illicit relation with his Bhabhi Nuraisa Khatoon and on protest made by her and on dowry demand they tormented her and drove her out from the marital house.

Learned counsel for the petitioners submitted that petitioners have no concern with the aforesaid occurrence. The petitioners are quite innocent and have been falsely implicated

Patna High Court CR. MISC. No.42509 of 2019(4) dt.02-09-2019 3/3 in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners Abdul Ehteshan and Jaibun Nesha are father-in-law and mother-in-law respectively of the complainant and petitioner Nooraisha Khatoon is sister-in-law and Saiyad Alam, Taj Mahmood and Naushad Ali alias Nausad Ali alias Nausad Alam are relatives of the husband of the complainant and they have no concern with the affairs of the complainant and her husband. Husband of the complainant is ready to keep the complainant with him. They have no criminal antecedent. On the other hand learned counsel for the opposite party no.2 turning before the Court submitted that complainant is ready to go with her husband and live with him. Learned APP for the State opposed the prayer for bail. In the facts and circumstances of the case, the provisional bail granted to the petitioners vide order dated 11.07.2019 and 17.05.2019 respectively by a coordinate Bench of this Court, is hereby confirmed.

Accordingly, both these applications stands disposed of.

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