Inaytullah @ Nemtullah @ Boni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33243 of 2019 Arising Out of PS. Case No.-2697 Year-2014 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

INAYTULLAH @ NEMTULLAH @ BONI Son of Saifullah Siddiqui @ Safiullah Resident of Village - Goasihata, P.S.- Barharia, Dist.- Siwan. 2.

Najma Khatoon Wife of Saifullah @ Saifullah Siddiqui Resident of Village - Goasihata, P.S.- Barharia, Dist.- Siwan.

3.

Saifullah Siddiqui Son of Late Ali Hussain Resident of Village - Goasihata, P.S.- Barharia, Dist.- Siwan.

4.

Maimullah Siddiqui Son of late Ali Hussain Resident of Village - Goasihata, P.S.- Barharia, Dist.- Siwan.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shabnam Praveen D/o Nasrul Haque Resident of Village - Narayanpur, P.S.- Thawe , Dist.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 2697 of 2014, corresponding to Trial No. 2686 of 2016 instituted for the offences punishable under Sections 323, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

In this case earlier notice was issued to opposite party No.2 and from the service report it appears that father of opposite party No.2 was met and in spite of perusing the content of the notice he refused to accept the notice.

Allegation is that for demand of one Bullet motorcycle the

Patna High Court CR. MISC. No.33243 of 2019(4) dt.20-09-2019 2/2 petitioners subjected the complainant to torture, both mentally and physically and after snatching her all belongings she was driven out from the house.

Submission of learned counsel for the petitioners is that marriage was never solemnized with petitioner No.1, rather she has solemnized marriage with one Abdullah Ahmad Siddiqui on 17.5.2015 and she is enjoying her life, which will appear from Annexure-2 and apart from that she has not appeared in this case to oppose the prayer of the petitioner.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the S. D. J. M., Gopalganj, in connection with Complaint Case No. 2697 of 2014, corresponding to Trial No. 2686 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T