Patna High CourtCR. MISC./51890/2018bail granted

Afroza Khatoon @ Rayeesa Khatoon And ANR v. State Of Bihar And ANR

2018-09-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51890 of 2018 Arising Out of PS.Case No. -382 Year- 2017 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Afroza Khatoon @ Rayeesa Khatoon, W/o Md. Habib Mian.

2. Khurshid Alam @ Khurshid S/o Md. Habib Mian, Both are resident of Village- Pothia, P.S. Simraha, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashma Khatoon, W/o Md. Murshid D/o Md. Ibrahim, resident of Village- Birpur, Ward No. 10, P.S.- Birpur, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.51890 of 2018 (2) dt.28-09-2018 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Additional Chief Judicial Magistrate, Birpur at Supaul in connection with Complaint Case No. 382C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T