Subhan Mian And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28299 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- BISHWAMBHARPUR DistrictGopalganj ======================================================

1. Subhan Mian Son of late Thag Mian

2. Rubi Khatoon Wife of Subhan Mian

3. Riyaz Mian@ Reyaz Alam@ Reyaz Ansari Son of Subhan Mian All are Residents of Village- Tiwari Matihaniya, Police StationBishambharpur, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kamrun Nesha Wife of Reyaz Mian @ Reyaz Alam @ Reyaz Ansari, Daughter of Safi Mian Resident of Village- Mishraoli, Police Station- Kateya, District- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 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 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 petitioners have relied upon the judgment of this Court in the

Patna High Court Cr.Misc. No.28299 of 2018(2) dt.07-05-2018 2/2 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate X, Gopalganj in connection with Bishambharpur P.S. case No.42 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T