Sahiya Khatoon @ Sehra Khatoon @ Saira Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71993 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- BARSOI District- Katihar ====================================================== 1.

Sahiya Khatoon @ Sehra Khatoon @ Saira Khatoon, Wife of Md. Bhatu @ Md. Bhutu, Resident of Village - Kasba Toli, P.S.- Barsoi, Distt - Katihar. 2.

Md. Bhutu @ Md. Bhatu Son of Late Kurban Ali Resident of Village - Kasba Toli, P.S.- Barsoi, Distt - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Salma Khatoon D/o Abdul Gaffar Resident of Village - Chand Para, P.S.- Barsoi, Distt - Katihar.

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

For the Petitioner/s :

Mr. Naushad Akhtar For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsels for the petitioner and the State.

The petitioners, being the parents of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 498(A) of the IPC and 3⁄4 of the Dowry Prohibition Act. The prosecution case, as per the written report of Salma Khatoon submitted to the Station House Officer, Barsoi

Patna High Court CR. MISC. No.71993 of 2019(5) dt.06-03-2020 2/3 Police Station, is to the effect that the informant one month prior to the lodging of the present case performed love marriage with the son of the petitioner, Md. Akbar, but subsequently, further dowry demand of Rs. 6 lacs was made and due to nonfulfillment of the same, the informant was assaulted and driven out from her matrimonial house by all the accused persons including the petitioners.

It is submitted by the learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. Thrust of accusation is against the husband of the informant and the petitioners live separately from the husband of the informant.

Learned APP after going to the case diary submits that the petitioners are named in the FIR with specific accusation. Considering the fact that the thrust of accusation is against the husband and the statement being made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.71993 of 2019(5) dt.06-03-2020 3/3 learned SDJM, Katihar in connection with Barsoi P.S. Case No. 167 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.) utkarsh/- U T