Md. Raquib @ Rakib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82207 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- BAUSI District- Araria ====================================================== 1.

MD. RAQUIB @ RAKIB Son of Samid Resident of Village - Gaira, Ward No. 01, P.S. and Distt - Araria.

2.

Md. Saquib Son of Md. Raquib @ Raquib Resident of Village - Gaira, Ward No. 01, P.S. and Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bounsi P.S. Case No. 123/2019, registered under Sections 341, 323, 379, 498A, 504/34 of the Indian Penal Code & under Section 3⁄4 of the Dowry Prohibition Act.

As per allegation in the F.I.R., it is the case of the informant that soon after the marriage was solemnized, according to Muslim rites and customs with Md. Aftab on 21.03.2016, her husband and his family members started to make demand of Rs. 2,00,000/- (Rupees two lakhs) and for nonfulfilment of the same, physically and mentally tortured her. It

Patna High Court CR. MISC. No.82207 of 2019(2) dt.18-12-2019 2/3 is further stated that she lodged Complaint case no. 918c/2019 and on getting to know about the said case her husband assaulted and abused her and recited Talaq three times. It is further stated that Md. Raquib also took away her silver chain valued at Rs. 6,000/-.

It is submitted by learned counsel for the petitioners that the allegation in the F.I.R. is primarily against the husband of the informant who is already in custody as stated in paragraph no.13 of the application. It is further submitted that even from perusal of the FIR it would transpire that the allegation is general and omnibus in nature. Specific allegation of assault is against the husband of the informant. It is further submitted that the allegation of taking away a silver chain from the neck of the informant is ornamental in nature. Having heard learned counsel for the parties and taking into consideration the contents of the F.I.R., the nature of allegation, the husband of the informant being in custody and the petitioners having clean antecedent the court is inclined to grant bail to the petitioners. The petitioners above named are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.82207 of 2019(2) dt.18-12-2019 3/3 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Bounsi P.S. Case No. 123/2019, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Partha Sarthy, J) kamlesh/- U T