Abdul Malek v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36072 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.
ABDUL MALEK SON OF MD. JHAGRU RESIDENT OF VILLAGETALWA, PS- ABADPUR, DISTT- KATIHAR 2.
HUSNA ARA KHATOON @ HUSNARA KHATOON WIFE OF ABDUL MALEK RESIDENT OF VILLAGE- TALWA, PS- ABADPUR, DISTTKATIHAR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
RUBI KHATOON WIFE OF AMAN SADEK RESIDENT OF VILLAGEBHAWANIPUR, PS- ABADPUR, DISTT- KATIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s :
Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and being father-in-law and mother-in-law of the complainant, they came to be implicated in the present case, it is next submitted that the complainant alleges that she was married to Aman Sadik and after marriage, she was being tortured for dowry of Rs. 1,50,000/- and for non-fulfillment of the
Patna High Court CR. MISC. No.36072 of 2023(2) dt.08-08-2023 2/2 demand, she was ousted.
4. Learned counsel for the petitioners submits that from bare perusal of the allegations as alleged in the complaint, it would manifest that the same are general and omnibus in nature and the petitioners being parent of Aman Sadik came to be implicated, it is next submitted that it is the duty of the husband to ensure the well being of his wife and whenever any dispute arises between the husband and wife, the entire family members are implicated.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 580 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T