Matalub Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71079 of 2019 Arising Out of PS. Case No.-709 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Matalub Khan, Son of Makshud Khan.

2.

Belal Khan, Son of Makshud Khan.

3.

Makshud Khan Son of Late Inayat Khan.

4.

Shahnaz Khatoon Wife of Makshud Khan All Residents of Village - Bhoju Khan Ke Tola, P.O. - Hathua, P.S.- Hathua, District - Gopalganj.

... ... Petitioners

Versus

1.

The State Of Bihar 2.

Ruksar Khatoon Wife of Maujud Khan Resident of Village - Bhoju Khan Ke Tola, P.O. - Hathua, P.S.- Hathua, District - Gopalganj. At present D/o Late Aslam Khan, Resident of Village - Sisai Bazar, Paithan Tola, P.S.- Bhore, District - Gopalganj.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Complaint Case no.709 of 2019 (Tr.No.2131 of 2019) registered for offence punishable under Section 498(A) of the Indian Penal Code.

Allegation against the petitioners is for torturing the complainant mentally and physically due to non-fulfilment of dowry.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.71079 of 2019(2) dt.07-11-2019 2/2 that petitioner nos.1 and 2 are brother-in-law and petitioner nos. 3 and 4 are father-in-law and mother-in-law. He submits that allegation is false, concocted and general in nature and from the wedlock of both spouses, two daughters were born. Heard learned Addl. Public Prosecutor also.

Having heard both sides and in view of facts and circumstances, as stated above, let four petitioners, named above, in the event of their arrest or surrender before the court below be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No.709 of 2019, Tr.No.2131 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With above observation, this application is allowed. (Vinod Kumar Sinha, J.) nawalkrs/- U T