Mehrun Nisha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28370 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -HABIBPUR District- BHAGALPUR ======================================================

1. Mehrun Nisha wife of Md. Nayeem

2. Md. Salman

3. Md. Mumtaz

4. Md. Imtiyaz Petitioner nos. 2 to 4 sons of Md. Nayeem

5. Bibi Farjana daughter of Md. Nayeem wife of Abu Kalam All residents of Mohalla - Khalifatnagar Shahjangi, Police Station Habibpur, District - Bhagalpur.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Binay Kumar, Mr. Md. Najmul Hodda, Advocates For the State : Mr. Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-07-2017 I have heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for offences punishable under Sections 341, 323, 498(A), 504/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

It is contended on behalf of the petitioners that ingredients of Sections 498 A are not made out against the petitioner no.1, who is mother and petitioner nos.2 to 4, who are brothers of the husband of the informant. So far sections 341, 323,

Patna High Court Cr.Misc. No.28370 of 2017 (2) dt.06-07-2017 2 / 2 494, 504/34 are concerned, they are bailable in nature. So far petitioner no.5 is concerned, she is second wife and except there is allegation that husband is trying to go to Dubai with the second wife leaving her first wife in India, there is no specific allegation against her.

Having regard to the facts and circumstances of the case, let the abovenamed petitioners be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Habibpur P.S. Case No. 21 of 2017, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of A.C.J.M. XII, Bhagalpur subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T