Chand Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74666 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Chand Khan S/O Late Saiyed Hussain Khan R/O - Banbhag East, Ward No. 2, P.S.- K. Nagar, Distt.- Purnea.

2.

Bibi Shamo @ Shama Praveen @ Shamo Khatoon W/O Chand Khan R/O - Banbhag East, Ward No. 2, P.S.- K. Nagar, Distt.- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Amresh Kumar Sinha, Adv.

Ms. Preety Kunwar, Adv.

For the State :

Mr. Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsels for the petitioners and the State. The petitioners, being the parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 120B of the IPC. The prosecution case is that the informant's daughter, Neha Khanam @ Roshni was married with co-accused Md. Firoj about nine months prior to the lodging of the present case, but subsequent to the marriage, the daughter of the informant was tortured for non-fulfillment of the further dowry demand of Rs. 2 lacs by all the accused persons including the petitioners, as a result, the victim committed suicide by jumping in front of a

Patna High Court CR. MISC. No.74666 of 2019(2) dt.04-12-2019 2/2 running train.

It is submitted by learned counsel for the petitioners that accusation against the petitioners is omnibus and general. Thrust of accusation is against the husband of the victim, who is in custody. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the thrust of accusation against the husband of the victim, coupled with the fact 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) each with two sureties of like amount each to the satisfaction of learned CJM, Purnea in connection with K. Nagar P.S. Case No. 229 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T