Md. Ainul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77656 of 2019 Arising Out of PS. Case No.-604 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

Md. Ainul Son of Late Karu Resident of Village - Singar Mohni Tola Ajhwa Ward No. 10, P.S. - Joki Hat, District - Araria. 2.

Aisun Nisan Wife of Md Ainul Resident of Village - Singar Mohni Tola Ajhwa Ward No. 10, P.S. - Joki Hat, District - Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

July @ Julekha Wife of Wasik Resident of Village - Singar Mohni Tola Ajhwa Ward No. 10, P.S. - Joki Hat, District - Araria, Present adress - Daughter of Late Mahfooz Village of Ajhwa P.S. Joki Hat, District - Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nadimul Hasan, For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 323 and 498(A) of the Indian Penal Code and Section 4 of D.P. Act. Allegation against the FIR named accused including the petitioners is to have tortured and harassed the complainant for non-fulfillment of demand of dowry. Later on, she was drove out of her matrimonial house.

It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case.

Patna High Court CR. MISC. No.77656 of 2019(2) dt.28-11-2019 2/3 It is further been submitted that petitioner no.1 is father-in-law, who is aged about 60 years and petitioner no.2 is mother-in-law, who is aged about 55 years old.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below in connection with Complaint Case No. 604C of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3) If the petitioners tamper with

Patna High Court CR. MISC. No.77656 of 2019(2) dt.28-11-2019 3/3 the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) S.Katyayan/- U