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Patna High CourtCR. MISC./63282/2022allowed

Md. Naeem @ Md. Naim Alam @ Sk Naim v. The State Of Bihar

2023-02-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63282 of 2022 Arising Out of PS. Case No.-233 Year-2021 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

Md. Naeem @ Md. Naim Alam @ Sk Naim S/O Late Md. Makas Resident Of Village- Pawai, P.S.- Korha, District- Katihar. 2.

Bibi Nabo @ Nabina W/O Md. Naeem Resident Of Village- Pawai, P.S.- Korha, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ladli Begum W/O Mohtasis @ Mohtasim , D/O Md. Mustak Resident Of Village- Phuldobhi, P.S.- Falka, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bal Krishna Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The prosecution case, which is based on complaint petition, is that all the accused persons including these petitioners subjected to cruelty and torture with complainant due to non-fulfillment of dowry demand and ultimately she was driven out from her matrimonial home by the accused persons. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.63282 of 2022(5) dt.17-02-2023 2/2 that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. He submits that the petitioners are in-laws of the complainant and they never tortured physically or mentally her and never demanded any dowry. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, 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 Complaint Case No.233 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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