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Patna High CourtCR. MISC./47286/2023allowed

Sabana Khatoon v. The State Of Bihar

2023-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47286 of 2023 Arising Out of PS. Case No.-614 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Sabana Khatoon Daughter Of Md. Jainul Resident Of Village- Mubarakpur, Ward No. 5, P.S.- Muffasil, District- Begusarai 2.

Md. Laddan Son Of Md. Jainul Resident Of Village- Mubarakpur, Ward No. 5, P.S.- Muffasil, District- Begusarai 3.

Md. Jainul Son Of Md. Idrish Resident Of Village- Mubarakpur, Ward No. 5, P.S.- Muffasil, District- Begusarai ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 614 of 2022 registered for the offences punishable under Sections 341, 323, 337, 338 and 307 / 34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the named accused person including the petitioners have tortured the informant for demand of dowry and they kicked her from the roof.

4. Learned counsel for the petitioners submits that petitioners are innocent, committed no offence and have falsely

Patna High Court CR. MISC. No.47286 of 2023(2) dt.19-08-2023 2/2 been implicated in this case. Petitioner No. 1 is Nanad, petitioner No. 2 is Devar and petitioner No. 3 is father-in-law of the informant /victim, who are living separately having no concern with the family affairs of the informant. F.I.R. has been lodged after 2 months and 16 days without any reasonable cause. The allegation against the petitioners is general and omnibus. There is no material against the petitioners. He further submits that petitioners have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Muffasil P.S. Case No. 614 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) saurabhkr/- U T