Jahir And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63564 of 2017 Arising Out of PS. Case No.-379 Year-2017 Thana- ARARIA District- Araria ======================================================

1. Jahir S/o Late Najju

2. Rabban S/o Jahir

3. Nabi @ Nabi Hassan S/o Jahir

4. Bibi Nahroon @ Nahroon w/o Jahir, all are resident of village Manikpur, Ward No.9, P.S. Bairgachhi O.P., District Araria ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Husna Ara @ Bibi Husna w/o Md. Subhan, resident of village Manikpur, Ward No.9, P.S. Bairgachhi O.P., District Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Md. Naushad uzzoha, Advocate For the State :

Mr. AJIT KUMAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 379, 498A, 506, 504/34 of the Indian Penal Code and 3⁄4 of 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

Patna High Court Cr.Misc. No.63564 of 2017(2) dt.05-01-2018 2/2 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 F.I.R.

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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi O.P.) P.S. case No.379 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T