Reyaz Quraishi @ Md. Reyaz Quraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3778 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== 1.
Reyaz Quraishi @ Md. Reyaz Quraishi S/o Tunna Quraishi 2.
Tunna Quraishi @ Jahangir Quraishi S/o Late Barique Quriashi 3.
Raushan Khatoon W/o Tunna Quraishi @ Jahagir Quraishi 4.
Guriya Khatoon W/o Afroz Quraishi.
All R/o village-Maihsaul Rahmaniya Tola, P.S-Dumra, District-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh, Advocate For the Opposite Party/s :
Mr.Umanath Mishra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2024 After some argument, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with respect to petitioner No.2.
2. Permission is accorded.
3. Accordingly, the anticipatory bail petition with respect to petitioner No.2 is dismissed as withdrawn.
4. Heard learned counsel for petitioner Nos.1, 3 and 4 and learned Additional Public Prosecutor for the State.
5. Petitioner Nos. 1, 3 and 4 are apprehending their arrest in connection with Darbhanga Mahila P.S.Case No.25 of 2023, FIR dated 16.03.2023, registered for the offences punishable under Sections 498A,323,324,307,34 of IPC and
2/4 Sections 3/4 of Dowry Prohibition Act.
6. Allegation against the petitioners and other coaccused persons is of committing torture upon the victim due to non-fulfillment of demand of dowry.
7. Learned counsel for the petitioners submits that petitioners have falsely been implicated in the present case on the ground that the petitioners are inlaws family members of the informant. Further submits that from a bare perusal of the FIR it appears that there is specific allegation of assault attributed against the husband of the informant and brotherin-law of the informant. There is no allegation of any assault or overt-act attributed against the petitioners rather there is general and omnibus allegations.
8. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of petitioner Nos. 1, 3 and 4 and submits that the petitioner Nos.1 and 3 carries two more cases other than the present one and petitioner No.4 has clean antecedent.
9. Considering the aforesaid facts, let petitioner Nos.1, 3 and 4 above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on
3/4 furnishing bail bond of Rs.10,000 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Darbhanga Mahila P.S.Case No.25 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III)And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned
4/4 order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T