Noor Saba Khatoon And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38017 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- MAHILA PS District- Gopalganj ======================================================
1. Noor Saba Khatoon, wife of Prawej Alam @ Parwez Alam
2. Noor Tara Khatoon, wife of Md. Abbas
3. Sairun Nisha, wife of Safiullah
4. Serajul Haque, son of late Tasaduque Hussain All Resident of Village-Gaushi Hata, P.S.-Barharia, District-Siwan
5. Prawej Alam @ Parwez Alam, son of Abbas Ali, Resident of VillageMirapur, p.S.-Siwan (Mufasil), District- Siwan.
6. Safiullah @ Shafiullah, Son of late Liyakat Hussain, Resident of VillageJagmalwa, P.S.-Thawe, District-Gopalganj. ... ... Petitioner/s
Versus
1. State of Bihar
2. Rehana Khatoon, wife of Shafiur Rahman, D/o Abdul Kalam, At present R/O Village-Narayanpur, P.S.-Thawe, District-Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Sri Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners, being the married sisters, co-villager and sisters' husband, are apprehending arrest in a case registered for the offences punishable under Sections 494, 498A, 406 and 34 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 12.05.2018 submitted by Rehana Khatoon to the Station House Officer, Mahila Police Station, Gopalganj, to the effect that the informant was married with co-accused Shafiur
Patna High Court Cr.Misc. No.38017 of 2018(2) dt.29-06-2018 2/3 Rahman on 06.03.2012, but, subsequently, torture was inflicted for non-fulfillment of further dowry demand of a motorcycle and Rupees Two Lacs cash. On 12.05.2018, all the accused persons assaulted the informant and after snatching all her belongings, she was ousted from the matrimonial house. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. The thrust of accusation is against the husband of the informant. The accusation of assault is not corroborated by the medical opinion. It is submitted by learned APP for the State that the petitioners are named in the FIR.
Considering the thrust of accusation against the husband of the informant, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Gopalganj, in connection with Gopalganj Mahila P.S. Case No.22 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T
Patna High Court Cr.Misc. No.38017 of 2018(2) dt.29-06-2018 3/3