Tajmul Rain @ Tajmul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37698 of 2022 Arising Out of PS. Case No.-19 Year-2017 Thana- MAHILA P.S. District- Sitamarhi ====================================================== 1.

TAJMUL RAIN @ TAJMUL Son of Abdul Gafur Rain Resident of village - Hanuman Nagar, P.S.- Sursand, District - Sitamarhi. 2.

Kudus Rain Son of Abdul Gafur Rain Resident of village - Hanuman Nagar, P.S.- Sursand, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 498(A) and 494/34 of the Indian Penal Code, registered in connection with Sitamarhi Mahila P.S.Case No. 19 of 2017.

As per allegation, the informant was married to the brother of the petitioners. The accused persons demanded dowry and tortured her and threatened her that second marriage of her

Patna High Court CR. MISC. No.37698 of 2022(2) dt.20-09-2022 2/3 husband shall be solemnized in case she failed to fulfil the dowry demand. The allegation against the petitioners is also of assaulting the informant.

The learned counsel for the petitioners has submitted that they are brothers of the husband of the informant and merely because of this reason they appear to have falsely been implicated in this case.

The petitioners are brothers of the husband of the informant and merely because of this reason, they appear to have falsely been arrayed as accused.

Considering the fact that the petitioners are brothers of the husband of the informant and they have no concern with day-to-day affairs of the couple, let them, above-named, in the event of their arrest or surrender within four weeks from the date of communication of this 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 learned Sub-Divisional Judicial Magistrate Sadar, Sitamarhi in connection with Sitamarhi Mahila P.S.Case No. 19 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by

Patna High Court CR. MISC. No.37698 of 2022(2) dt.20-09-2022 3/3 the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T