Jami Akhtar @ Md Jami Akhtar Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89396 of 2024 Arising Out of PS. Case No.-336 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

Jami Akhtar @ Md Jami Akhtar Sheikh S/O Salim Sheikh R/O village - Farchhahiyan @ Farchhahiya, P.S. - Sonbarsa, Dist. -Sitamarhi 2.

Sakeela Khatoon W/O Jami Akhtar @ Md. Jami Akhtar Sheikh R/O village - Farchhahiyan @ Farchhahiya, P.S. - Sonbarsa, Dist. -Sitamarhi 3.

Sakeela Khatoon W/O Rafique Sheikh R/O village - Farchhahiyan @ Farchhahiya, P.S. - Sonbarsa, Dist. -Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahnaj Khatoon W/O Habib Sheikh R/O village - Farchhahiyan @ Farchhahiya, P.S. - Sonbarsa, Dist. -Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2025 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Sonbarsa PS case no. 336 of 2022, disclosing offences punishable under Section 498(A) and other allied sections of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

3.

The prosecution story, as per the First Information Report, is that informant's marriage was solemnized with one Habib Sheikh as per Muslim rites and rituals. It is alleged that

Patna High Court CR. MISC. No.89396 of 2024(2) dt.27-01-2025 2/3 on 15.09.2022, petitioners assaulted the informant with lathi, danda and rod causing injury on her head due to non-fulfilment of the demand for dowry.

4.

Learned Counsel for the petitioners submits that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is sister-in-law of the informant. Learned counsel further submits that the petitioners have falsely been implicated in this case due to ulterior motive. He also submits that general and omnibus allegation has been levelled against the petitioners. The petitioners are stated to be having clean antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that being the family members of the informant, general and omnibus allegations have been levelled against the petitioners as also the fact that petitioners are having clean antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.89396 of 2024(2) dt.27-01-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Sitamarhi in connection with Sonbarsa PS case no. 336 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T