Md. Afjal @ Md. Afjal Hussain @ Qaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67689 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== 1.

MD. AFJAL @ MD. AFJAL HUSSAIN @ QAISAR Son of Md. Idris Resident of Village- Garhiya, Police Station- Pandaul, District- Madhubani. 2.

Haleema Khatoon @ Tabassum Khatoon W/o Md. Afjal @ Md. Afjal Hussain @ Qaisar Resident of Village- Garhiya, Police Station- Pandaul, District- Madhubani.

3.

Salma Praveen @ Gudiya Khatoon Daughter of Md. Afjal @ Md. Afjal Hussain @ Qaisar Resident of Village- Garhiya, Police Station- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Raunak Praveen W/o Md. Asad Resident of Village- Garhiya, Police StationPandaul, District- Madhubani, Present address D/o Md. Vadrul, Resident of Village- Garhiya, Police Station- Pandaul, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Pandaul P.S. Case No. 110 of 2019, corresponding to CRI No. 928 of 2019, registered for the offences punishable under Sections 498A of the Indian Penal Code and Sections 3/ 4 of Dowry Prohibition Act. As per complaint petition, on the basis of which FIR has been registered, the petitioners and other accused persons are said to have demanded Rs.3 lac, motorcycle and other articles and for that they tortured the complainant/informant and

Patna High Court CR. MISC. No.67689 of 2019(2) dt.24-10-2019 2/3 there is specific allegation against petitioner No.3 that she thrashed the complainant on the boiling rice, due to which she sustained burn injuries.

Submission of learned counsel for the petitioners is that so far petitioner Nos. 1 and 2 are concerned, they are fatherin-law and mother-in-law and no specific allegation has been attributed against them. It is further submitted that so far petitioner No.3 is concerned, though there is allegation that she thrashed the complainant on the boiling rice but the same is false and concocted and petitioners are ready to keep her with dignity and care and they are also ready to abide by any condition that may be imposed on them.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case No. 110 of 2019, corresponding to CRI No. 928 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a

Patna High Court CR. MISC. No.67689 of 2019(2) dt.24-10-2019 3/3 local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that if complainant/informant appears and wants to reside with the petitioners, they have to keep her with dignity and care, otherwise informant is at liberty to move for cancellation of bail bonds of the petitioner before the court below itself. (Vinod Kumar Sinha, J) spal/- U T