Yasin Mian And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14084 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Yasin Mian son of Late Bangali Mian

2. Kharul Khatoon @ Khairul Khatoon wife Yasin Mian

3. Jumrati Mian son of Yasin Mian

4. Nasima Khatoon wife of Jumrati Mian All residents of village- Pakadi Bazaar, P.S.- Majhaulia, District- West Champaran .... .... Petitioners

Versus

1. The State of Bihar

2. Shahjahan Khatoon wife of Md. Sikandar, daughter of Usman Mian, resident of village- Raidhurwa, P.S.- Manuapul, District- West Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioners and the State. The petitioner nos. 1 and 2 being the parents and petitioner nos. 3 and 4 are brothers-in-law and sister-in-law of the complainant are apprehending their arrest in a case registered for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code.

The accusation is of torture for non-fulfillment of the dowry demand and it is alleged that the accused persons made attempt to cause burn injury.

It is submitted by the learned counsel for the petitioner that the accusation is general and omnibus against the entire

Patna High Court Cr.Misc. No.14084 of 2016 (2) dt.30-03-2016 2/2 family members. The petitioners are living separately from the husband of the complainant.

Considering the facts aforesaid, let the petitioners above named 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 bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Wasim Akram the learned Judicial Magistrate, 1st Class, Bettiah at West Champaran in connection with Trial No. 4089 of 2015, arising out of Complaint Case No. 26-C of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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