Md. Shamim @ Raju And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58770 of 2018 Arising Out of PS. Case No.-159 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ======================================================
1. Md. Shamim @ Raju, Son of Late Reyazuddin,
2. Md. Saddam, Son of Late Reyazuddin,
3. Zahid Perween, D/o Late Reyazuddin,
4. Sabra Khatoon, Wife of Late Reyazuddin, All resident of Ansari Mohalla Charas (Bokaro) Chas P.S. Chas District- Bokaro Jharkhand, At present resident of Maktak @ Mastak Mohalla Saud @ Sayeed Nagar Jhapra Jhumpura P.S.- Jhumpura DistrictKenjhar, Orrisa.
5. Nigar Sultan @ Nigar Sultan @ Md. Nigar Sultan, Wife of Imteyazuddin,
6. Imteyazuddin, Son of Ahmad Hussain, Both resident of Maktak @ Mastak Mohalla Saud @ Sayeed Nagar Jhapra Jhumpura P.S. Jhumpura District- Kenjhar, Orrisa. Permananet address Ansari Mohalla Charas (Bokaro) Chas P.S.- Chas, District- Bokaro, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sabnam Parveen, S/o Md. Kareem, Resident of Village- Nadsena, P.S.- Sitamarhi, District- Nawada.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar For the Opposite Party/s :
Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 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 the
Patna High Court Cr.Misc. No.58770 of 2018(2) dt.19-09-2018 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the 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 Complaint Case/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) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -III, Nawada in connection with Complaint Case No. 159 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U