Noor Mohammad Ansari And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45144 of 2017 Arising Out of PS. Case No.-1315 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ====================================================== 1.

Noor Mohammad Ansari, Son of Sahabjaan Ansari, 2.

Shamina Bibi, Wife of Noor Mohammad Ansari, Both resident of Village- Chandesh, P.S.- Kudhani, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Farzana Khatun, W/o Md. Sagir Ansari, D/o Sohram Ansari, Resident of Village- Chandesh, P.S.- Kudhani, District- Kaimur at Bhabua. Present Address, R/v- Baruna, P.S.- Kuchhila, District- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parwej Khan, Advocate For the State :

Mr. Kumar Sunil, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners are father-in-law and mother-in-law of the victim.

Patna High Court Cr.Misc. No.45144 of 2017(2) dt.18-09-2017 2/2 They are separate in mess and property from the husband of the victim. The petitioners have relied upon the judgment 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 complaint case.

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) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Vith, Kaimur at Bhabua in connection with Complaint case No.1315 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