Nazama Khatoon And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45193 of 2016 Arising Out of PS.Case No. -938 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Nazama Khatoon,

2. Mooni Khatoon .... .... Petitioner/s

Versus

1. State of Bihar,

2. Rajda Khatoon .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-10-2016 Learned counsel for the petitioners is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioners and the State. The petitioners being mother and sister of the informant of the complainant are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code.

The basic accusation is of torture. It is claimed by the complainant that the complainant performed love marriage with Md. Imtiyaz in 2012 and she started residing in a rented house at Biharsharif with her husband but when the petitioners and other family members came to know, they came and started demanding

Patna High Court Cr.Misc. No.45193 of 2016 (2) dt.19-10-2016 2/2 dowry and due to non fulfillment of the same torture was being inflicted. The complainant was driven out from the matrimonial house.

It is submitted by the learned counsel for the petitioners that since there was love marriage between the complainant and the son of petitioner no. 1, hence there is no question of demand of dowry. Subsequently, the husband of the complainant filed Matrimonial Suit No. 208 of 2013 with a prayer for divorce. It is further submitted that the petitioners are separate from the husband of the complainant.

Considering the aforesaid facts, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Barh, Patna in connection with Complaint Case No. 938 C of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T