Md. Ajiz @ Abdul Ajiz And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26809 of 2015 Arising Out of PS.Case No. -480 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Ajiz @ Abdul Ajiz son of Md. Neyamat Sai

2. Jainab Khatoon wife of Md. Ajiz

3. Md. Salam , son of Md. Ajiz

4. Md. Alam , son of Md. Ajiz All are resident of village- Jagdawan Chhapra, P.S. - Kathiya, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rukhsana Khatoon wife of Md. Shahid, D/o Md. Shahid Sai, All are resident of village- Jagdawan Chhapra, P.S. - Kathiya, DistrictMuzaffarpur, resident of Kasaba - Mehsi , P.S. - Mehsi , District- East Chamaparan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners being the parents and brothers of the husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 406 of the Indian Penal Code. The Basic accusation is of torture.

It is submitted by the learned counsel for the petitioners that the husband of the complainant has filed

Patna High Court Cr.Misc. No.26809 of 2015 (2) dt.20-07-2015 Matrimonial Case No. 215 of 2015 for restitution of conjugal right and the thrust of accusation is against the husband of the complainant.

Considering the thrust of accusation against the husband of the complainant, let the above named petitioners be released on 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, East Champaran in connection with Complaint Case No. 480 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