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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33597 of 2017 Arising Out of PS.Case No. -3224 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Noorul S/o Late Fahim,

2. Rukni Khatoon W/o Md. Noorul, Both are Resident of Village-Rampur Dakshin, Ward No. 1, P.S. Fofbesganj, District-Araria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tarannum Khatoon W/o-Noor Alam, D/o-Md. Rustam, Resident of Village-Dumaria, Sheikh Tola, P.S. Narpatganj, District-Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners 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 petitioner

Patna High Court Cr.Misc. No.33597 of 2017 (2) dt.20-07-2017 2/2 No.1 is the father-in-law of the victim and petitioner No.2 is the mother-in-law of the victim. They are separate in mess and property from the husband of the victim. The petitioners have further 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) eachwith two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Complaint Case No.3224 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T