Abdul Khair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41 of 2025 Arising Out of PS. Case No.-545 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Abdul Khair Son of Late Idrish Ansari Resident of Village- Rakhahi, Police station- Shikarpur, District- West Champaran 2.

Khalda Khatoon Wife of Abdul Khair Resident of Village- Rakhahi, Police station- Shikarpur, District- West Champaran 3.

Abdul Kadir @ Kadir Ansari Son of Late Idrish Ansari Resident of VillageRakhahi, Police station- Shikarpur, District- West Champaran 4.

Zimdar Miyan Son of Late Wakil Miyan Resident of Village- Barwa Parsauni, Police station- Inarwa, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saheb Miyan Son of Imamdhin Miyan Resident of Village- Barwa Parsauni, P.s.- Inarwa, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 406, 420 of the Indian Penal Code.

3. It is alleged that after taking cash of Rs. Four lacs and jewellery worth Rs. Four lacs & fifty thousand, these petitioners refused to perform the marriage of co-accused Abdul Hakim with daughter of complainant.

4. Learned counsel for the petitioners submits that petitioner no. 1 is father, petitioner no. 2 is mother and petitioner

Patna High Court CR. MISC. No.41 of 2025(2) dt.04-02-2025 2/2 no. 3 is uncle of co-accused Abdul Hakim, with whom, as per complaint, Nikah was to be solemnized. He further submits that petitioners belong to Ansari by caste, whereas complainant belongs to Dewan caste and as such, no negotiation for Nikah could be held. There is no chit of paper in support of the same and only with a view to harass these petitioners, this false and concocted case has been lodged. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bettiah, District West Champaran in connection with Complaint Case No. 545 (C) of 2017, CIS No. 529 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T