Md. Oliullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1812 of 2023 Arising Out of PS. Case No.-355 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

MD. OLIULLAH Son of S.K. Aainul Resident of Village- Shekh Toli, Laukhan, P.S.- Ghorasahan, District- East Champaran. 2.

SARMANU KHATOON D/O Md. Oliullah Resident of Village- Shekh Toli, Laukhan, P.S.- Ghorasahan, District- East Champaran. 3.

ARMANU KHATOON D/O Md. Oliullah Resident of Village- Shekh Toli, Laukhan, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Soni Khatoon Wife of Jakaullah Resident of Village- Shekh Toli, Laukhan, P.S.- Ghorasahan, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Vijay Shankar Shrivastava, Advocate For the State :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No.355 of 2021, registered for the offences punishable under Sections 341, 342, 323, 307, 313, 498(A), 406, 504 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioners are said to have tortured the informant physically and mentally for non-fulfillment of demand of additional dowry.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.1812 of 2023(2) dt.16-03-2023 2/2 petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that no specific overt act is alleged against the petitioners. It is submitted that the husband of the informant has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 11.08.2022, passed in Cr. Misc. No.22731 of 2022. It is also submitted that the petitioners are in-laws and family members. The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged 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 learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No.355 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T