Aaso Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21553 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -AWADPUR District- KATIHAR ======================================================

1. Aaso Khatoon wife of Md. Mohsin

2. Md. Mohsin son of late Badruddin Both are residents of village Sohar, P.S. Abadpur, District Katihar.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. For the Informant : Mr. Bimal Kumar, Advocate. Mr. Birendra Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State and the informant. The petitioners are apprehending their arrest in connection with Abadpur P.S. Case No. 19 of 2017 for the offences instituted under Sections 498A, 323 and 307/34 of the Indian Penal Code.

The allegation against the petitioners is of committing assault on the daughter of the informant due to non-fulfillment of the 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 no.1 is mother-in-law of the victim and

Patna High Court Cr.Misc. No.21553 of 2017 (2) dt.23-05-2017 2/2 the petitioner no.2 is the father-in-law of the victim respectively. They are separate in mess and property from the husband of the victim. The petitioners have further 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 and counsel for the informant, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Abadpur P.S. Case No. 19 of 2017 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T