Md. Kaium And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11393 of 2015 Arising Out of PS.Case No. -334 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================
1. Md. Kaium Son of Late Panchu Mian
2. Jamila Khatoon wife of Late Panchu Mian null
3. Md. Haidar Son of Late Panchu Mian
4. Sakila Khatoon wife of Md. Kaium
5. Amina Khatoon wife of Md. Ashik
6. Md. Irshad Son of Md. Ashik All are Resident of Village Lalu Tola, Siotanabad, Police Station Bakhtiyarpur, District Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-05-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under section 302/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The petitioners are the family members of one Safruddin, who is the husband of the deceased. Safruddin and the deceased were married, as per the F.I.R., about eight years ago. With the allegation that the husband of the deceased and his family members used to torture the deceased for non fulfillment of
Patna High Court Cr.Misc. No.11393 of 2015 (3) dt.21-05-2015 demand of dowry, the present case was instituted. Learned counsel appearing for the petitioner has submitted that on the basis of the allegation, as contained in the first information report, no offence under section 302 of the Indian Penal Code is made out against these petitioners. He contends that the petitioners have been implicated only because they are family members of the husband of the deceased.
In view of the above, let the petitioners above named, in the event of arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 334 of 2014, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Chakradhari Sharan Singh, J) Amin/- U