Asraf Jahan And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4269 of 2019 Arising Out of PS. Case No.-1561 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ======================================================
1. Asraf Jahan W/o Late Maquesood Khan D/o Late Fat Hussain Kha.
2. Akbar Khan @ Akbar Mian, Son of Late Maquesood Khan Both are residents of Village - Sikta Bakuliya, P.S. Lauriya, District West Champaran ... ... Petitioners
Versus
1. The State of Bihar
2. Sadaf Khatoon @ Noohi Khatoon, W/o Shah Ekbal Khan, Resident of Village Sikta Bakuliya, Police Station Lauriya, District West Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr. Akhileshwar Kumar Shrivastva, Advocate For the State :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act registered in connection with Complaint Case No. 1561 (C) /2017.
3. It is submitted that the petitioners have been falsely implicated and accusation as made in the complaint is general and omnibus in nature without specific act attributed to them. The petitioners claim clean antecedents.
4. Learned counsel for the complainant-opposite party no. 2 appears suo motu and has been heard.
5. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the
Patna High Court Cr.Misc. No.4269 of 2019(2) dt.28-01-2019 2/2 satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1561 (C)/2017, subject to the conditions as laid down under Section 438
(2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives .
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner no. 1 will be well represented and the petitioner no. 2 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/Chandran (Vikash Jain, J) U T