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Patna High CourtCR. MISC./61738/2023allowed

Abdul Mazid v. The State Of Bihar

2023-10-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61738 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- BARSOI District- Katihar ====================================================== 1.

ABDUL MAZID S/O LATE KALTHU SHAIK R/O VILLAGECHHATNA, P.S- BARSOI, DISTT.- KATIHAR. 2.

MAHMOODA KHATOON W/O ABDUL MAZID R/O VILLAGECHHATNA, P.S- BARSOI, DISTT.- KATIHAR. ... ... Petitioners.

Versus

THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Musowir For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504 & 506/34 of the Indian Penal Code.

3. Petitioners are in-laws of the informant. The allegation against the petitioners is that the informant was subjected to demand of dowry and on account of non-fulfillment of the same, she was tortured in various ways resulting into lodging of the present F.I.R.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and

Patna High Court CR. MISC. No.61738 of 2023(2) dt.06-10-2023 2/2 omnibus in nature. Petitioners are in-laws of the informant and they have no concern with the day to day affairs of the informant of her husband. The husband of the informant was in judicial custody but, later on, he was released on regular bail by a co-ordinate Bench of this Court vide order dated 08.09.2023 passed in Cr. Misc. No.59648 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Barsoi (Kachna O.P.) P.S. Case No.119 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T