Md. Shadab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48416 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- MAHILA PS District- Gaya ====================================================== 1.

MD. SHADAB ALAM Son of Late Qamar Alam Resident of Village - Gewal Bigha, P.s.- Rampur, Distt.- Gaya (Bihar) 2.

Md. Arbaz Alam Son of Late Qamar Alam Resident of Village - Gewal Bigha, P.s.- Rampur, Distt.- Gaya (Bihar) 3.

Md. Mozammil Hussain Son of Late Abdul Salam Resident of Village - Gewal Bigha, P.s.- Rampur, Distt.- Gaya (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C.Verma,Sr.Adv.

Mrs.Priyanka Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 498A, 354, 313 / 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

Allegation against petitioners is that they alongwith other family members committed torture and cruelty with the informant for dowry.

Petitioners no. 1 & 2 are Devar and petitioner no. 3 is Nandoi of the informant.

It is submitted on behalf of petitioners that there is general and omnibus allegation and no specific allegation of

Patna High Court CR. MISC. No.48416 of 2022(5) dt.01-05-2023 2/2 illegal demand against these petitioners. They are separate in mess and property and have got no concern with the family affairs of informant and her husband. Husband of the informant has already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 10.04.2023 passed in Cr.Misc. No. 1512 of 2023.

Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for bail of petitioners.

However, considering the aforesaid facts and circumstances and the fact that husband of informant has already been granted bail, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gaya in connection with Mahila P.S. Case No. 41 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T