Md. Saim And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53664 of 2018 Arising Out of PS. Case No.-1764 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ======================================================
1. Md. Saim, Son of Md. Khalil,
2. Zamila Khatoon, Wife of Md. Khalil,
3. Md. Khalil, Son of Late Md. Rasool,
4. Bibi Nabisa, Wife of Md. Maimul,
5. Md. Maimul, Son of Md. Khalil,
6. Md. Musharrat @ Md. Musraf, Son of Md. Khalil,
7. Md. Samisir @ Md. Shamsher, Son of Md. Khalil,
8. Md. Zakir @ Zambo @ Md. Zakir Mansoor @ Md. Jakeer, Son of Late Md. Rasool, All are residents of Village- Disharath, P.S.- Sanhaula, District- Bhagalpur, at present residents of VillageHarna Buzurg, P.S.- Rajoun, District- Banka.
9. Noor Jahan @ Bibi Noor Jahan, Wife of Md. Rustam @ Rustam @ Md. Estam Mansoor,
10. Md. Rustam @ Rustam @ Md. Estam Mansoor @ Md. Estam, Son of Late Md. Alauddin, Both 9 & 10 are residents of VillageRasalur, P.S.- Rajoun, District- Banka. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Gajrana Khatoon, Wife of Md. Multan Mansoor @ Md. Sultan, Resident of Village- Disharath, P.S.- Sanhaula, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda For the Opposite Party/s :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 498A, 504 of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.
Patna High Court Cr.Misc. No.53664 of 2018(3) dt.09-10-2018 2/2 It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIII, Bhagalpur in connection with Complaint case No.1764 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/- (Sudhir Singh, J) U T