Md. Imteyaz @ Md. Iteyaz And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71884 of 2018 Arising Out of PS. Case No.-419 Year-2018 Thana- SHERGHATI District- Gaya ======================================================
1. Md. Imteyaz @ Md. Iteyaz, son of Md. Nejamuddin Mian alias Md. Nezam alias Nejamuddin.
2. Md. Irfan Ansari, son of Md. Imteyaz.
3. Sogra Khatoon alias Sobra Khatoon, wife of Md. Imteyaz.
4. Nikhat Pravin alias Sonam, daughter of Md. Imteyaz. All residents of village-Ghaghar, P.S. Sherghatti, District-Gaya.
5. Jinat Pravin alias Baby, daughter of Md. Imteyaz and wife of Ekram. Resident of village-Rajaganj, P.O. Bhadeya, P.S. Barachatty, District-Gaya. ... ... Petitioners.
Versus
The State Of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner nos.2 to 5 :
Mr. Rajni Kant Jha, Advocate.
For the State :
Dr. Indiwar Kumari, A.P.P.
For the Informant :
Mr. Md. Javed Jafar Khan, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2019 It appears that this application in respect of the petitioner no.1, above named, has already been dismissed as withdrawn vide order dated 04.12.2018. Therefore, today, now, only the prayer of the petitioner nos.2, 3, 4 and 5 for grant of pre-arrest bail is being considered.
Heard.
The petitioner nos.2, 3, 4 and 5, above named, apprehend their arrest in connection with Sherghati P.S. Case No.419 of 2018 registered under Sections 341, 323, 307, 504 and 498(A)/34 of the Indian Penal Code read with Section 3/4
Patna High Court CR. MISC. No.71884 of 2018(5) dt.22-04-2019 2/3 of the Dowry Prohibition Act, pending in the court of the Sub Divisional Judicial Magistrate, Sherghati (Gaya). The accusation is that on 10.07.2018, the informant Imrana Khatoon was at her matrimonial house. On that day, due to non-fulfillment of the demand of television and gold chain in dowry, her father-in-law (petitioner no.1), husband (petitioner no.2), mother-in-law (petitioner no.3) and nanads (petitioner nos. 4 and 5) started to abuse and cause assault to her and, lastly, she was put on fire, in which she sustained more than 50% burn injury on her person and she became unconscious. Thereafter, she was taken to Shergahti Hospital, Gaya, and A.N.M.C.H., Gaya for treatment by her sasural people and, later on, for better treatment, she was taken to another hospital by her parents at Gaya.
Learned counsel appearing on behalf of the petitioner nos.2, 3, 4 and 5, above named, submits that, in fact, the informant sustained burn injury due to blast of the gas cylinder and she was taken to the hospital by her husband for treatment. The present F.I.R. has been lodged by the informant, after 12 days of the occurrence, at the instigation of her parents. Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to extend
Patna High Court CR. MISC. No.71884 of 2018(5) dt.22-04-2019 3/3 the privilege of pre-arrest bail to the petitioner nos.2, 3, 4 and 5, above named, and, accordingly, their prayer for grant of prearrest bail stands rejected. Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T