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Patna High CourtCR. MISC./31662/2017bail granted

Rajiya Khatoon And ANR v. The State Of Bihar

2017-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31662 of 2017 Arising Out of PS.Case No. -721 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Rajiya Khatoon, wife of Md. Mahfuj Alam

2. Md. Mahfuj Alam @ Md. Mahfuja Alam, sonof Md. Khudadin, both are residents of village Prasad English, P.S. Arwal, district Arwal .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar Mishra, Adv. For the State : Mr. Mithilesh Kumar Khare, APP 108 For the informant : Mr. Kumar Rajeev, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 498A, 323, 504, 506 and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The petitioners are parents of the husband of the informant. Initially Court marriage was solemnized and later on allegation is of demand of dowry and torture for the same. The learned counsel for the informant opposed the prayer on the ground that the petitioners are main source of torture to the informant whereas statement of the learned counsel for the petitioners is that both, the husband and wife, were residing at Bangalore, away from the petitioners.

Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees

Patna High Court Cr.Misc. No.31662 of 2017 (2) dt.13-07-2017 2/2 twenty thousand) each with two sureties of the like amount each in connection with Bihta P.S. Case No. 721 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √