Md. Shahabuddin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61097 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -MAHILA P.S. District- PATNA ======================================================
1. Md. Shahabuddin (Father in law) aged about 60 years Son of late Abdul Sakur.
2. Asmat Khatoon (Mother in law), aged about 54 Years W/o Md. Shahabuddin.
3. Md. Kaif @ Jamal Kaif @ Md. Jamal Kaifi (Devar) , aged about 20 years Son of Md. Shahabuddin -Dewar.
4. Sabnam Praveen @ Gulshan Praveen (married Nanad), aged about 26 years.
5. Jeba Praveen @ Zeba Parween (Unmarried Nanad) aged about 25 years
6. Mehar Fatima @ Aphasan Praveen (Unmarried Nanad) aged about 20 years.
7. Heena Praveen @ Afasana Praveen (Unmarried Nanad) aged about 23 years. All 4 to 7 daughter of Md. Shahabuddin resident of Purani Bazar, P.S. Bakhtiyarpur, Distt. Patna.
8. Md. Shahabuddin (Nandosi) Son of late Sarfuddin Resident of VillagePathar Ka Maszid , P.S. Sultanganj, Distt. Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anand Kumar, Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 498(A), 379,354(A),307 of IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to non-
Patna High Court Cr.Misc. No.61097 of 2017 (2) dt.14-12-2017 2/3 fulfillment of demand of dowry.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. There is no injury report to support the allegations made in the F.I.R. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Patna, in connection with Mahila P.S. Case No. 60 of 2017, subject to the
Patna High Court Cr.Misc. No.61097 of 2017 (2) dt.14-12-2017 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T