Kalam @ Kamal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7521 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -AWADPUR District- KATIHAR ======================================================
1. Kalam @ Kamal Son of Late Imrat Sarkar
2. Monu@Munu@Abdul Matin Son of Kalam@kamal
3. Faik Alam@ Faik Son of late Imrat Sarkar All resident of village Shiwanandpur, P.S. Abadpur, District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. S.M.Rahman(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsel for the petitioners and the State.
The petitioners being the father-in-law, brother-inlaw and uncle of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504, 328 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of dowry demand and administering poison. It is submitted by the learned counsel for the petitioners that accusation is omnibus and general in nature and the issue has been reconcile between the informant and her husband.
Considering the fact that the medical report with
Patna High Court Cr.Misc. No.7521 of 2015 (2) dt.26-02-2015 regard to administering poison is without conducting any pathological examination, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve 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 learned Judicial Magistrate, Ist Class, Katihar in connection with Abadpur P.S. Case No. 116 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T