Md. Chhedi Mian And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13289 of 2016 Arising Out of PS.Case No. -951 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Md. Chhedi Mian son of late Mahbood Mian.

2. Sakina Khatoon @ Bibi Sakina Khatoon wife of Md. Chhedi Mian .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-06-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 406/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general and thrust of accusation is against the husband of the complainant. The petitioners claim to be separate from the husband of the complainant. The petitioners are ready to allow the complainant to enjoy her share of property in the matrimonial house. It is submitted by learned counsel for the complainant

Patna High Court Cr.Misc. No.13289 of 2016 (4) dt.27-06-2016 2/2 that vide order dated 02.05.2016, the petitioners took adjournment to get their son appear before this Court but the petitioners are not allowing their son to appear.

Considering the nature of accusation after 18 years of the marriage and the thrust of accusation against the husband of the complainant, 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 J.M., 1st Class, Madhepura in connection with Complaint Case No. 951 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 on filing affidavit 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) Amrendra/- U T