Maqbool Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41625 of 2017 Arising Out of PS.Case No. -594 Year- 2017 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Maqbool Sah son of Mir Hasan Sai.

2. Najara Khatoon wife of Maqbool Sah, Both Residents of Village- Ismail Takiya, Ward No. 28, Police Station- Siwan Town, District- Siwan. .... .... Petitioners

Versus

1. The State of Bihar.

2. Shabanam Khatoon wife of Wakil Sah, Resident of Village- Ismail Takiya, Ward No. 28, Police Station- Siwan Town, District- Siwan. at present D/o Ali Ahmad, R/o Village- Arar, Ward No. 28, P.S. and DistrictGopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Complaint Case No.594 of 2017 (Tr. No.3456 of 2017) for the offences instituted under Sections 498(A), 406, 34 of the Indian Penal Code and 4 of D.P. Act.

The allegation against the petitioners is of committing torture upon the victim 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

Patna High Court Cr.Misc. No.41625 of 2017 (2) dt.15-09-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners are in-laws of the Complainant. They are separate in mess and property from the husband of the complainant. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioners are named in the Complaint case.

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 Complaint Case No.594 of 2017 (Tr. No.3456 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 S.D.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T