Patna High CourtCR. MISC./40226/2014disposed

Md. Hussaini And ANR. v. State Of Bihar And ANR

2015-02-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40226 of 2014 Arising Out of PS.Case No. -59 Year- 2014 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Md. Hussaini.

2. Bibi Baliya @ Bibi Batiya.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Bibi Sahina.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr. Md. Najmul Hodda, Advocate. For the State : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2015 It is submitted by learned counsel for the petitioners that the petitioner no. 1 Md. Hussaini has been arrested. Hence, his application has become infructuous.

Accordingly, the application on behalf of petitioner no. 1 is disposed off.

Heard learned counsels for the petitioner no. 2 and the State.

The petitioner no. 2 being the mother of the husband of the complainant is apprehending her arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498(A) of the Indian Penal Code and 4 of the D.P. Act.

Patna High Court Cr.Misc. No.40226 of 2014 (2) dt.27-02-2015 2 / 2 The basic accusation is of torture for nonfulfillment of dowry demand. Considering the thrust of accusation against the husband of the complainant, let the petitioner no. 2 Bibi Baliya @ Bibi Batiya except petitioner no. 1 Md. Hussaini, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 59 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T