Mohammad Hasnain @ Mahammad Hasnain @ Md. Hasnain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64847 of 2021 Arising Out of PS. Case No.-168 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

MOHAMMAD HASNAIN @ MAHAMMAD HASNAIN @ MD. HASNAIN S/o Nawab Hussain R/o village- Bairam Indrawan, (Indarwan Bairam), P.S.- Gopalganj, District- Gopalganj 2.

Amna Khatoon W/o Mohammad Hasnain @ Mahammad Hasnain @ Md. Hasnain R/o village- Bairam Indrawan, (Indarwan Bairam), P.S.- Gopalganj, District- Gopalganj 3.

Babuddin @ Reyan Ali @ Rehan Ali @ Babudin S/o Mohammad Hasnain @ Mahammad Hasnain @ Md. Hasnain R/o village- Bairam Indrawan, (Indarwan Bairam), P.S.- Gopalganj, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gulsara Khatoon W/o Neyamul Haque R/o village- Bairam Indrawan (Indarwan Bairam), P.S. and Distt.- Gopalganj, At present residing at Mahuawan, P.S.- Uchakagaon, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Uchakagaon P.S. Case no. 168 of 2021 instituted for the offence under Sections 498(A), 506, 34 of the Indian Penal Code and section 3, 4 of the Dowry Prohibition Act.

As per allegation in the FIR, petitioners along with their family members have tortured in various ways to the informant due

Patna High Court CR. MISC. No.64847 of 2021(3) dt.13-07-2022 2/2 to non-fulfillment dowry demand.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 and 2 are parents-in-law and petitioner no. 3 is brother-in-law of the informant and have been falsely implicated in this case. They have never demanded any thing from the informant. They have no concern with the daily activity of the informant and her husband. They all are living separately. The sole responsibility to take care of wife is upon husband and not against his family members.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Uchakagaon P.S. Case no. 168 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U