Ekhlakh Meer @ Ekhlak Meer And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72322 of 2018 Arising Out of PS. Case No.-580 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ======================================================
1. Ekhlakh Meer @ Ekhlak Meer, Son of Ali Imaam Meer,
2. Meer Mazhar, Son of Hamid Meer,
3. Meer Wahab, Son of Hameed Meer,
4. Rubi Khatoon, Wife of Meer Mazhar,
5. Raziya Khatoon @ Bholi, Wife of Meer Wahab, All are resident of Village- Chaturhujwa, Police Station- Shikarpur, DistrictWest Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Jainab Khatoon @ Chhuni Khatoon, Wife of Ekkhlak Meer, Resident of Village- Chaturhujwa, Police Station- Shikarpur, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No.-7 For the Opposite Party/s :
Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 323, 504 and 498A of the Indian Penal Code.
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. Petitioner No. 1 is the husband and the petitioner nos. 2 to 5 are in-laws of the
Patna High Court Cr.Misc. No.72322 of 2018(2) dt.04-12-2018 2/2 victim. They have falsely been implicated in the present case due to petty family dispute. 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/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, Bettiah, West Champaran in connection with Trial No. 3909 of 2017 arising out of Complaint Case No. 580C/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T