Md. Anik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87318 of 2024 Arising Out of PS. Case No.-129 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== 1.
Md. Anik Son of Late Md. Thakkan Resident of Village- Gidarganj, P.S.- Andhratharhi, District- Madhubani 2.
Khadiza Khatoon @ Khadiza @ Chulhiya wife of Md. Anik Resident of Village- Gidarganj, P.S.- Andhratharhi, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gulrej Bano Wife of Md. Irshad Alam Resident of Village- Gidarganj, P.S.- Andhratharhi, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-05-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Andhrathadhi P.S. Case No. 129 of 2022, registered for the offences punishable under Sections 341, 323, 284, 498(A) and 504/34 of the Indian Penal Code.
3. The petitioners are parents-in-law, who allegedly in association with their son and other family members tormented the O.P. No. 2 and finally ousted her on account of non fulfillment of dowry. There is further allegation of administration of poison to victim.
Patna High Court CR. MISC. No.87318 of 2024(3) dt.09-05-2025 2/3
4. Learned Advocate for the petitioners taking this Court through the FIR has contended that besides the omnibus allegation against all, the petitioners are none else but parentsin-law, having least concern with the affairs of husband and wife. Moreover, the husband of the O.P. No. 2 has already been extended the privilege of anticipatory bail by this Court in Cr. Misc. No. 1793 of 2024 vide order dated 07.03.2024. There is neither any specific material as to who and how the poison was administered nor any reliable medical evidence.
5. On the other hand, learned counsel for the State and the informant opposed the pre-arrest bail application. However, he did not confront with the fact that the dispute has already been settled between the parties.
6. To support the factum of settlement, learned Advocate for the petitioners have shown this Court, the duly executed agreement between the parties.
7. Regard being had to the submissions made on behalf of the parties and considering the submissions advanced and the materials available on record, especially the fact that the petitioners are parents-in-law and the allegation is omnibus, coupled with the fact that the husband of the informant has already been accorded the privilege of anticipatory bail, let the
Patna High Court CR. MISC. No.87318 of 2024(3) dt.09-05-2025 3/3 petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Class, Jhanjharpur, Dist-Madhubani in connection with Andhrathadhi P.S. Case No. 129 of 2022, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) shivank/- U T