Md. Mumtaj And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55863 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Mumtaj, S/o Alauddin,

2. Md. Imteyaz @ Imteyaz @ Guddu, S/o Alauddin, Both resident of Village- Phatehpur Bazar, P.S.- Phatehpur, District- Gaya. .... .... Petitioners

Versus

1. The State of Bihar.

2. Sahla Paraveen, D/o Muzzufar, R/o Village- Haidarganj Karah, P.S.- Silaw, Distt- Nalanda.

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

For the Petitioner/s : Mr. Ganesh Sharma For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in a case instituted under Sections 498A, 494, 323, 341, 504, 506/34 of the Indian Penal Code and 3⁄4 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 allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.55863 of 2017 (2) dt.27-11-2017 2/2 petitioners. The petitioners are the Bhaisur of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. 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 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 Mahila P.S. Case No.37/2017 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., Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T