Tahjun Nesha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18950 of 2018 Arising Out of PS. Case No.-160 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================
1. Tahjun Nesha, Daughter of Sharif Ansari,
2. Halima Khatoon, Daughter of Sharif Ansari,
3. Md. Sharif Ansari, Son of Late Md. Jaan Ansari,
4. Marium Khatoon, Wife of Sharif Ansari,
5. Nek Mohammad Ansari, Son of Late Md. Jaan Ansari,
6. Abdul Rahman, Son of Nek Mohammad Ansari,
7. Ainul Haque Ansari, Son of Nabijan Ansari,
8. Matiur Rahman Ansari, Son of Nek Mohammad Ansari, All residents of Village- Bridhawaha, P.S.- Chauradano, DistyrictEast Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No. 2. The petitioners are apprehending their arrest in a case registered under Sections 498A, 323 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no
Patna High Court Cr.Misc. No.18950 of 2018(2) dt.09-04-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They 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 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 S.D.J.M., East Champaran at Motihari in connection with Trial No. 2373 of 2018 (arising out of Complaint Case No. C-160/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T