Md. Samsul Haque @ Samsul Haque And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5955 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -MAHILA PS District- KATIHAR ======================================================

1. Md. Samsul Haque @ Samsul Haque

2. Tarni @ Taslima Khatoon. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A and 506/34 of the Indian Penal Code.

The basic accusation is of torture for non-fulfillment of the dowry demand. It is alleged that the petitioners made assault to the informant and did not allow her to enter into the matrimonial house.

It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the informant who is ready to keep the informant as wife with full dignity and honour, statement to that effect has been made in para 12 of the petition which reads as follows:- "That as stated above the son of the petitioner has not

Patna High Court Cr.Misc. No.5955 of 2016 (2) dt.05-02-2016 2/2 married again and he is always ready to keep the informant with full honour and dignity....."

Considering the thrust of accusation against the husband of the informant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar in connection with Katihar Mahila P.S. Case No. 49 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners shall be accepted by learned court below on filing separate affidavit by each petitioner that they will allow the informant to enjoy her share of property in the matrimonial house. The said affidavit will be transmitted to the concerned police station by the learned court below. (Dinesh Kumar Singh, J) Amrendra/- U T