Sanauwar Shah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62385 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -PHULWARIYA District- GOPALGANJ ======================================================

1. Sanauwar Shah, Son of- Late Rahman Shah.

2. Aisha Khatoon, Wife of- Sanauwar Shah.

3. Robind Khatoon, Daughter of- Sanauwar Shah.

4. Mahtab Alam, Son of- Sanauwar Shah, All Resident of VillageKhanpur, P.S. Barharia, District- Siwan. .... .... Petitioners

Versus

1. The State of Bihar.

2. Rajina Khatoon, Wife of- Md. Nizamuddin, Resident of VillageKhanpur, P.S. Barharia, District- Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Shafiur Rahman, Advocate. For the State : Mr. Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 498(A) and 506/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.62385 of 2018 (2) dt.05-10-2018 2/2 implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioner has 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, in connection with Fulwaria P.S. Case No. 29/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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