Md. Sanaullah Khan Abid And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.968 of 2017 Arising Out of PS.Case No. -235 Year- 2016 Thana -CIVIL LINE District- GAYA ======================================================

1. Md. Sanaullah Khan Abid, Son of late Maulana Abdur Rehman Salfi,

2. Rashida Khan Abid, Wife of Md. Sanaullah Khan Abid, Both Resident of Mohalla Nawab Colony, Maulanachak, Road, P.S. Habibpur, District Bhagalpur, Bihar.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Nurshrat Khanam, Wife of Md. Sehal Khan Abid, Daughter of Dr. Shamim Ahmad, A/P Residing at Kalpana Rest House Compoung, Shri Krishna Road, P.S. Civil Lines, District- Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kr. Singh with Mr. Avinash Shekhar, Advocates For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Civil Lines P.S.Case No. 235 of 2016 registered for the offences punishable under Sections 498A, 341/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

It has been submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners and husband and, as a matter of fact, son and wife of the informant are Doctors and petitioners have nothing to do with their family affairs, however the petitioners have been falsely implicated in this case.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides and considering the fact that

Patna High Court Cr.Misc. No.968 of 2017 (3) dt.02-02-2017 2/2 petitioners are father-in-law and mother-in-law of the victim and though there is general and omnibus allegation against the petitioners, let the petitioners, above named, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Civil Lines P.S.Case No. 235 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further the petitioners will co-operate in the investigation and make themselves available before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive dates, except showing some genuine ground, their bail bonds shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U