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Patna High CourtCR. MISC./56810/2022bail granted

Md. Yahiya v. The State Of Bihar

2022-12-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56810 of 2022 Arising Out of PS. Case No.-498 Year-2020 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== 1.

MD. YAHIYA Son of Late Md. Hussain Resident of Village- Bhataura, P.S.- Keoti, District- Darbhanga 2.

Rabiya Khatoon Wife of Md. Yahiya Resident of Village- Bhataura, P.S.- Keoti, District- Darbhanga 3.

Shafiya Kausar @ Sufiya Kaushar @ Jasima Khatoon Daughter of Md. Yahiya and Wife of Md. Parwez Resident of Village- Badh Samaila, P.S.- Keoti, District- Darbhanga 4.

Shamima Khatoon @ Shammo Khatoon Daughter of Md. Yahiya and Wife of Md. Shakir Resident of Village- Baghha, P.S.- Kamtaul, DistrictDarbhanga 5.

Md. Shakir Son of Md. Qadir Resident of Village- Baghha, P.S.- Kamtaul, District- Darbhanga 6.

Md. Nasim @ Nasim Son of Noor Hasan Resident of Village- Bherwa, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nazrana Praween Wife of Md. Gheyasuddin and daughter of Md. Shaukat Resident of Village- Khirma, P.S.- Keoti, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Masleh Uddin Ashraf, Advocate For the Opposite Party/s :

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

As per prosecution case, all FIR named co-accused persons along with these petitioners tortured and harassed the

Patna High Court CR. MISC. No.56810 of 2022(2) dt.21-12-2022 2/2 complainant for non-fulfillment of demand of dowry. Petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law, petitioner Nos. 3 and 4 are married sisters-in-law and petitioner Nos. 5 and 6 are Nandosi of the complainant. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. They are separate in mess and property and are not concerned with the family affairs of the complainant and her husband. Petitioners have got clean antecedent. Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Chief Judicial Magistrate, Darbhanga in Complaint Case No. 498 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.