Abdul Gaffar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25618 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ======================================================

1. Abdul Gaffar son of Late Wali Hussain.

2. Maimuna Khatoon, wife of Abdul Gaffar.

3. Praveen Naaz wife of Shami Ahmad, D/O Abdul Gaffar

4. Shaguta Praveen @ Shagupta Praveen wife of Qamrun Hoda D/O Abdul Gaffar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-06-2016 Heard learned counsels for the petitioners and the State.

The petitioners being parents and married sisters of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 325, 504 and 506 of the Indian Penal Code. Prosecution case is that the informant was married with Md. Rizwan on 27.10.2007 and there were two children from the wedlock. But thereafter demand for further dowry was made and on non-fulfillment of the same, the informant was being tortured. In pursuance to the mediation before the concerned police, the informant went to her matrimonial house when she was assaulted

Patna High Court Cr.Misc. No.25618 of 2016 (2) dt.21-06-2016 2/2 by the accused persons. It is further alleged that when father of the informant went to rescue then he was assaulted by father-inlaw and husband of the informant with 'danda', causing fracture injury.

It is submitted by learned counsel for the petitioners that there is no injury report on record. Moreover, the thrust of accusation is against the husband of the informant. The impugned order also does not reflect any discussion with regard to the injury caused to the father of the informant. Considering the thrust of accusation against the husband of the informant, 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 Sub-Judge, VII-cum-ACJM, Muzaffarpur, in connection with Mahila (East) P.S. Case No.45/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T