Mir Najmul Hoda And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.9135 of 2017 (4) dt.21-04-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9135 of 2017 Arising Out of PS.Case No. -171 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mir Najmul Hoda, Son of Late Mir Tazir,
2. Rehana Begum, wife of Mir Najmul Hoda,
3. Sabana Khatoon, wife of Mir Najmul Hoda,
4. Rahat Jahan, wife of Mir Ziyaul Hoda, All resident of Ghodpakdi, P.S.- Inarwa Mainatand, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sabina Najmin alias Rehana Khatoon, wife of Mir Ziyaul Hoda, resident of Village- Koiri Tola, P.S.- Bettiah Town, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-04-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, in connection with S.C. No. 757 of 2016 arising out of Complaint Case No. 171-C of 2014, disclosing offences under Sections 498-A of the Indian Penal Code and Section 4 of the D.P. Act. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to them. In fact, the petitioner Nos. 1 and 2 are parents-in-law, petitioner No.3 is
Patna High Court Cr.Misc. No.9135 of 2017 (4) dt.21-04-2017 married sister-in-law and petitioner No.4 happens to be Sauten of the opposite party No.2, have never demanded any dowry nor they assaulted her in any manner. The O.P. No.2 herself chosen not to live with the petitioners without any rhyme and reasons. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 171C of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J.) brajesh/- U T