Md. Mukhtar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66965 of 2018 Arising Out of PS. Case No.-353 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================

1. Md. Mukhtar Son of Late Vishu Mian

2. Kushar Khatoon @ Kusar Khatoon Wife of Md. Mukhtar Both Resident of Village-Dharhara,P.S. Dhamaul,Distt.-Nawada ... ... Petitioner/s

Versus

1. The State of Bihar

2. Chandni Praveen Wife of Md. Ishfak Resident of Village-Dharhara, P.S. Dhamaul, Distt.-Nawada at present D/o Kalimuddin,Resident of VillageKarmatand,P.S. Kawakole,Distt.-Nawada ... ... Opposite Party/s ==================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey, Adv ==================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323 and 498(A) IPC registered in connection with Complaint Case No. 353 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the in-laws of the complainant. It is submitted that the petitioners reside separately and have no concern with the day-to-day affairs of the complainant. The accusations against the petitioners are general and omnibus in nature. This is the first complaint of its nature since the complainant was married on 17.04.2012. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.66965 of 2018(2) dt.03-01-2019 2/2 circumstances, as such, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Mr. Deepak Kumar, learned J.M. Ist Class, Nawada in connection with Complaint Case No. 353 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner no.1 shall remain physically present and the petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T