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Patna High CourtCR. MISC./37953/2020bail granted

Abdul Qayum v. The State Of Bihar

2021-07-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37953 of 2020 Arising Out of PS. Case No.-175 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

ABDUL QAYUM S/o Late Bouku 2.

AFROZA BEGUM W/o Abdul Qayum 3.

MD MUNNA @ MD RIYAZ S/o Abdul Qayum All R/o village- Mahathudih, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2021 Heard both sides.

The petitioners apprehend their arrest in Shambhuganj P.S. Case No.175 of 2020 registered under Sections 498A, 506 and 34 of the Indian Penal Code, under Sections 3 and 4 of Dowry Prohibition Act and under Section 4 of Muslim Women (Protection of Right of Marriage) Act.

The informant alleged that she was married with Md. Shahbaz @ Shabuwa about 14 years ago and she got three children but her husband, father-in-law, mother-in-law and brother-in-law subjected her to different sorts of torture due to non-fulfillment of additional demand of dowry. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.37953 of 2020(2) dt.02-07-2021 2/2 petitioners are father-in-law, mother-in-law and brother-in-law of the informant. The petitioners have no manner of concern with the family affairs of the informant. The marriage was solemnised 14 years ago. The informant and her husband along with their children are living separately from the petitioners. Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that petitioners are father-in-law, mother-in-law and brother-in-law of the informant, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV/Successor Court, Banka in connection with Shambhuganj P.S. Case No.175 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T