Md. Mojaheed Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52876 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Md. Mojaheed Hussain Son of- Late Md. Mosim Marhum Resident of Udaipur, P.S.- Rosera, District- Samastipur.

2.

Hasina Begum wife of - Md. Mojaheed Hussain Resident of Udaipur, P.S.- Rosera, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mehnaz Khatoon Wife of - Md. Ajmarul Hussain Resident of Udaipur, P.S.- Rosera, District- Samastipur. Daughter of - Md. Yunus Alam , Resident of - South, Khodabandpur, District- Begusarai.

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner, learned counsel for the complainant-opposite party no. 2 and learned APP for the State.

The petitioners, being the parents of the husband of the complainant, are apprehending their arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 504, 498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.52876 of 2019(4) dt.16-11-2019 2/2 that the thrust of accusation is against the husband of the complainant, who has been granted provisional anticipatory bail by a Co-ordinate Bench of this Court vide order dated 21.10.2019 passed in Cr. Misc. No. 65772 of 2019. Learned counsel for the complainant submits that the petitioners are named in the complaint petition and the accusation of torture has been levelled against all the accused persons.

Considering the fact that the thrust of accusation is against the husband of the complainant coupled with the fact that the petitioners are not having any criminal antecedent, 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 36C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T