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Patna High CourtCR. MISC./28421/2017bail granted

Jasim Rayeen And ORS v. State Of Bihar And ANR

2017-07-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28421 of 2017 Arising Out of PS.Case No. -240 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Jasim Rayeen Son of Late Somaru Rayeen of Sahjuma, Police StationSasaram, District-Rohtas.

2. Rozi Rayeen @ Razia Khatun Daughter of Late Somaru Rayeen of Sahjuma, Police Station-Sasaram, District-Rohtas.Wife of Alim Rayeen Resident of Village-Jakki Sahid, Police Station-Sasaram, DistrictRohtas.

3. Nanhaki Khatun Daughter of Late Somaru Rayeen of Sahjuma, Police Station-Sasaram, District-Rohtas.Wife of Shahabuddin, Resident of Village-Chhotaki Masjid, Power House Chowk Bazar, P.S. Sasaram, District-Rohtas.

4. Munni Khatun Daughter of Late Somaru Rayeen of Sahjuma, Police Station-Sasaram, District-Rohtas.Wife of Salau Rayeen, Resident of Village-Chikunia Tola, Sasaram, Police Station-Sasaram, DistrictRohtas.

5. Tetara Bano Daughter of Late Somaru Rayeen of Sahjuma, Police Station-Sasaram, District-Rohtas.Wife of Nasim Rayeen Resident of Ara, P.S. Ara town District-Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rehana Khatun Wife of Shamim Rayeen, Resident of Village-Sahjuma, Police Station-Sasaram, District-Rohtas.

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

For the Petitioner/s : Mr. Md. Naushad, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending his arrest in a case registered under Sections 498(A)/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners physically and mentally tortured the informant for demand of dowry and also ousted her from the house. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.28421 of 2017 (2) dt.01-07-2017 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner No.1 is the brother-in-law of the victim and petitioners No.2 to 5 are the sisters-in-law of the victim. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the decision of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & ors. vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Mohaniya P.S. case No.240 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T