Rustam Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78716 of 2019 Arising Out of PS. Case No.-474 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Rustam Miyan, aged about 55 years, Gender (Male), Son of Late Dasai Miyan, Resident of Village - Mir Tola, Mohadipur, P.S.- Majhaulia, Distt - West Champaran.

2.

Jabun Khatoon @ Jabun Nesha, aged about 50 years, Gender (Female), Wife of Rustam Miyan, Resident of Village - Mir Tola, Mohadipur, P.S.- Majhaulia, Distt - West Champaran.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Sanjeev Kumar Shrivastava, Advocate.

For the Opposite Party :

Mr.Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 498(A) and 506/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court CR. MISC. No.78716 of 2019(2) dt.03-12-2019 2/3 implicated in the present case due to petty family dispute. The petitioner no. 1 is the father-in-law and petitioner no.2 is the mother-in-law of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 474 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to make an application before the court below for referring the

Patna High Court CR. MISC. No.78716 of 2019(2) dt.03-12-2019 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) U.K./- U T