Jaisun Khatoon And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37472 of 2018 Arising Out of PS. Case No.-987 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ======================================================
1. Jaisun Khatoon, Wife of Marhum Hussain.
2. Md. Fazul Rahman @ Md. Faijul Rahman, Son of Marhum Hussain.
3. Md. Azad @ Md. Azad Aalam, Son of Marhum Hussain, all residents of village- Basaha, P.S. Babubarhi, DistrictMadhubani. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nazda Khatoon, Wife of Noor Alam Daughter of Abdul Kuddus, resident of Village- Benipatti, District- Madhubani.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Adv.
For the Opposite Party/s :
Mr. Khurshid Anwar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsels for the petitioners and State. The petitioners being the mother and brothers of the husband of the complainant are apprehending arrest in a complaint case filed with accusation under Section 498(A) of the IPC and Sections 3⁄4 of D.P. Act, wherein consequently process has been directed to be issued after cognizance being taken.
The basic accusation is of torture for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the
Patna High Court Cr.Misc. No.37472 of 2018(2) dt.29-06-2018 2/2 complainant and the petitioners claim to be separate from the husband of the complainant. The husband of the complainant is ready to keep the complainant.
Learned APP submits that there is specific accusation against the petitioners.
Considering the thrust of accusation is against the husband of the complainant, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Madhubani, in connection with Complain Case No. 987/CIS/987 (C.R.) of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/Rahul U T