Mir Hasan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38180 of 2019 Arising Out of P.S. Case No.-89 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

MIR HASAN MIAN, aged about 57 years (Male), Son of Late Tolor Mian Resident of Village- Jaheru Hata, P.S. Uchakagaon, District- Gopalganj. 2.

Munni Khatoon @ Munni Nesa, aged about 52 years (Female) Wife of Mri Hasan Mian Resident of Village- Jaheru Hata, P.S. Uchakagaon, DistrictGopalganj. 3.

Jamila Khatoon, aged about 32 years, (Female), Daughter of Mir Hasan Mian Resident of Village- Jaheru Hata, P.S. Uchakagaon, DistrictGopalganj. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Noor Tara Khatoon Wife of Sobarati Mian Resident of Village- Jaheru Hata, P.S. Uchakagaon, District- Gopalganj.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Naresh Prasad, Advocate For the Opposite Parties :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners, learned counsel for the Informant and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341 and 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, the informant's marriage was solemnized with accused Sobrati Mian on 05.05.2016 in

Patna High Court CR. MISC. No.38180 of 2019(3) dt.14-08-2019 2/3 Muslim Rites and Customs and a daughter was born from the wedlock. Petitioners demanded one motorcycle and on account of non-fulfilment of the same, they committed torture on the informant.

It is submitted on behalf of the petitioner that admittedly, it is a case of matrimonial dispute between the husband and the informant. Petitioner no.1 is father-in-law, petitioner no.2 is mother-in-law and petitioner no.3 is sister-inlaw of the informant. There is general and omnibus allegation against all the petitioners. It is submitted that the petitioners are living separately from the husband of the informant and they have got nothing to do with their affairs.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Gopalganj/successor Court in connection with Uchakagaon P.S.Case No.89 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully

Patna High Court CR. MISC. No.38180 of 2019(3) dt.14-08-2019 3/3 cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T