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Patna High CourtCR. MISC./42081/2022bail granted

Shayara Khatun v. The State Of Bihar

2022-11-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42081 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Shayara Khatun Wife of Iliyas Ansari @ Oliyas Ansari Resident of Ward No. 12, Pipra, Binwalia, P.S- Shikarpur, Dist- West Champaran 2.

Iliyas Ansari @ Oliyas Ansari Son of Azim Ansari Resident of Ward No. 12, Pipra, Binwalia, P.S- Shikarpur, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2022 Heard both parties.

The petitioners apprehend their arrest in a case, registered for the offences punishable under Sections 498(A) and other allied sections of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

Allegation against petitioners is of commission of torture and harassment for dowry.

It is submitted on behalf of the petitioners that petitioner no. 1 is mother-in-law and petitioner no. 2 is father-inlaw of the informant and there is general and omnibus allegation of torture and harassment against them. The thrust of accusation is against against husband of the informant. Petitioners are

Patna High Court CR. MISC. No.42081 of 2022(2) dt.16-11-2022 2/2 separate in mess and property and have got no concern with the family affairs of the petitioners.

Counsel for informant vehemently opposed the prayer for bail and submitted that petitioners are named in the FIR and there is allegation of commission of torture and harassment against them.

Considering the facts aforesaid and the fact that petitioners are in-laws of the informant and there is general and omnibus allegation, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 62 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T