Patna High CourtCR. MISC./408/2016disposed

Md. Mofiluddin And ANR. v. State Of Bihar And ANR

2016-01-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.408 of 2016 Arising Out of PS.Case No. -1472 Year- 2005 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Md. Mofiluddin Son of Jamil Ahmad 2.Chunni Khatoon Wife of Md. Mofiluddin Both residents of Village - Rangpur, P.S. Mirganj, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Subera Khatoon Wife of Md. Mofiluddin, D/o Sk. Sajjad Hussain Resident of Village - Musapur, P.S. Kohra, District - Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir, Adv For the Opposite Party/s : Mr. S.Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending their arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 379 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that though the petitioners earlier bail application was dismissed vide Criminal Miscellaneous No. 39727 of 2007 by a co-ordinate bench

Patna High Court Cr.Misc. No.408 of 2016 (2) dt.05-01-2016 of this court but since now the issue has been resolved, hence the prayer has been renewed.

Considering the fact that earlier the bail application of the petitioners was dismissed by a co-ordinate bench of this Court, this Court is not inclined to interfere, however, in view of the fact that the issue has been reconciled between the parties, let the learned court below consider the prayer for regular bail of the petitioners if they surrenders within a period of six weeks in connection with C.A. Case No. 1472 of 2005.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Ranjan/- U