Bibi Fatima Khatoon And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41831 of 2016 Arising Out of Complaint Case No.. -1283 Year- 2013 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ======================================================

1. Bibi Fatima Khatoon, wife of Md. Jahur

2. Md. Jahur, son of late Imam Ali .... .... Petitioner/s

Versus

1. State of Bihar

2. Bibi Shahnaj Khatoon, wife of Md. Ayub Alam .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Sri Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-09-2016 Heard learned counsels for the petitioners and the State.

The petitioners being parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand. It is specifically alleged against the husband of the complainant that he tried to press the neck of the complainant whereas on the order of petitioner no.2 Md. Jahur, sister-in-law (nanad) of the complainant poured kerosene oil on her when mother-in-law, petitioner no.1, lit the fire, as a result, the scarf of

Patna High Court Cr.Misc. No.41831 of 2016 (2) dt.27-09-2016 2/2 the victim caught fire.

It is submitted by learned counsel for the petitioners that no injury was caused to the complainant. The thrust of accusation is against the husband of the complainant and the complainant herself stated that after the incident of making attempt to cause burn injury the complainant was given shelter by the neighbors of his in-laws. A supplementary affidavit has been filed to the effect that the petitioners have no criminal antecedent. Let the same be kept on record.

Considering the thrust of accusation against the husband of the informant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Udakishunganj, Madhepura, in connection with Complaint Case No.1283/2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T