Jahir Alam And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1769 of 2017 Arising Out of Complaint Case No. -902 Year- 2016 Thana -EAST CHAMPARAN COMPLAINT District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Jahir Alam, son of Late Hanif Dewan,

2. Nasima Khatoon, wife of Jahir Alam, Both are resident of Village - Chatia, P.O. and P.S. - Malahi, Dist - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Meharnaz Parween, D/o Tabrej Dewan, W/o Md. Kalimullah, resident of Village - Ghorasahan, P.O. and P.S. - Ghorasahan, At present - Mohalla - Agarwa, P.O. and P.S. - Motihari town, Motihari, East Champaran, Mob. No. 7654227086.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 498(A), 323, 406, 420, 494, 384, 120 and 318 of the Indian Penal Code. The case of the complainant is that she was married with Md. Kalimullah on 9.4.2014 according to Muslim rites and customs. She was tortured in her sasural for non-fulfillment of demand of a Bolero vehicle and a motorcycle as dowry and ultimately she was driven away from the house.

Patna High Court Cr.Misc. No.1769 of 2017 (2) dt.19-01-2017 2/2 It has been submitted on behalf of the petitioners that the petitioners are parents-in-law of the complainant. From the complaint petition itself, it appears that there is no allegation of any specific over act against the petitioners. The allegation against the petitioners is general and omnibus.

Considering the aforesaid facts and circumstances of the case, let the petitioners in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Complaint Case No. 902 of 2016, Tr. No. 2210 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sadar, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T