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Patna High CourtCR. MISC./20838/2016bail granted

Akhtari @ Asgari And ANR v. The State Of Bihar

2016-05-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20838 of 2016 Arising Out of PS.Case No. -183 Year- 2015 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Akhtari @ Asgari, widow of late Md. Ahmad

2. Asgari @ Sajda Khatoon, wife of Aftab Alam .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Veena Kumari Jaiswal, Advocate For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-05-2016 Heard learned counsels for the petitioners and the State.

Petitioner no.1 being mother and petitioner no.2 being brother's wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 498A, 379,315 and 316 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand. It is also alleged that the petitioners used to assault the informant, as a result, the pregnancy of the informant got terminated.

It is submitted by learned counsel for the petitioners that the petitioners claim to be separate from the husband of the informant. There is nothing on record to suggest that actually the

Patna High Court Cr.Misc. No.20838 of 2016 (2) dt.10-05-2016 2/2 pregnancy of the informant got terminated due to assault made by the petitioners. The thrust of accusation is against the husband of the informant.

Considering the nature of accusation and the petitioners being ladies, 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 CJM, Munger, in connection with Kasim Bazar P.S. Case No.183/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T