Md. Saddam Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52977 of 2024 Arising Out of PS. Case No.-1674 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
MD. SADDAM RAI SON OF MD. JABBAR RAI R/V- SHIV NARAYANPUR, P.S.- SHIV NARAYANPUR, DISTT.- BHAGALPUR 2.
SAYEEDA BIBI WIFE OF MD. JABBAR RAI R/V- SHIV NARAYANPUR, P.S.- SHIV NARAYANPUR, DISTT.- BHAGALPUR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
ASMINA KHATOON D/O- MD. FIROZ , WIFE OF MD. HABIB RAI R/VMEHARPUR, P.S.- PIRPAINTI, DISTT.- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md.Najmul Hodda, Adv.
For the Opposite Party/s :
Ms. Meena Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Though the notice has validly been served upon the opposite party no.2, but nobody appears on her behalf today in the Court.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 498A, 34 of the Indian Penal Code.
4. Allegedly, all the F.I.R. named accused persons including the petitioners are said to have tortured upon the complainant physically and mentally and ousted her from the
Patna High Court CR. MISC. No.52977 of 2024(3) dt.13-11-2024 2/3 matrimonial home in association of other family members over the dowry demand.
5. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners are brother-in-law and mother-in-law of the complainant, respectively. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They have no concern with the internal dispute of the husband and wife and both of them are residing separately from the complainant. There is no specific overt act against the petitioners. They have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes the prayer for bail.
7. Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.52977 of 2024(3) dt.13-11-2024 3/3 the learned lower Court where the case is pending/successor Court in connection with Complaint Case No. 1674 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T