Qamaruzzaman Khan @ Qamaruzza Khan @ Kamruzzya Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37857 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- GAUNAHA District- West Champaran ====================================================== 1.
Qamaruzzaman Khan @ Qamaruzza Khan @ Kamruzzya Khan S/o Late Salaiman Khan @ Sulaiman Khan Resident of village- Mathiya, PSRamnagar, Dist- West Champaran 2.
Nazma Khatoon @ Najma Nikhat W/o Qamaruzzaman Khan @ Qamaruzza Khan @ Kamruzzya Khan Resident of village- Mathiya, PS- Ramnagar, Dist- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md Firoz Alam S/o Nurul Hoda R/o vill - Parsa, P.S.- Gaunaha, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vatsal Verma, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2025 Heard Mr. Vatsal Verma, learned counsel for the petitioners and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Gaunaha P.S. Case No. 109 of 2024, F.I.R. dated 08.08.2024 for the offences punishable under Sections 341, 323, 379, 420, 498(A), 313/34 and Section 3⁄4 of Dowry Prohibition Act.
3. According to prosecution case, the informant alleged that her daughter, namely, Gulafsha Firoz was subjected
Patna High Court CR. MISC. No.37857 of 2025(2) dt.18-06-2025 2/3 to harassment and torture by the petitioners due to nonfulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. Petitioner no.1 is father-in-law and petitioner no.2 is mother-in-law of the daughter of the informant. As per allegation in the FIR, the son of the petitioner has divorced the daughter of the informant on 20.06.2024 but infact the son of the petitioner has not given divorce to the daughter of the informant and she has deserted from her matrimonial house.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 109 of 2024, subject to the conditions as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.37857 of 2025(2) dt.18-06-2025 3/3 of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T