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Patna High CourtCR. MISC./83258/2019allowed

Bibi Kulsum @ Gulshan v. The State Of Bihar

2020-06-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83258 of 2019 Arising Out of PS. Case No.-2395 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

BIBI KULSUM @ GULSHAN W/o Abdul Mohit Resident of VillageDumraia, P.S.- Raniganj, Distt- Araria. 2.

Md. Naurej Son of Abdul Mohit Resident of Village-Dumraia, P.S.- Raniganj, Distt- Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Shabnam Khatoon D/o Md. Shamim Resident of Village- Gokhalapur, P.S.- Narpatganj, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mrs. (Dr.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 2395C of 2018, disclosing the offence under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner no. 1 is the mother-in-law, whereas petitioner no. 2 is the elder brother of the husband of the complainant.

Learned counsel appearing on behlaf of the petitioners has submitted that there is general and omnibus allegation against all the family members of the husband of the

Patna High Court CR. MISC. No.83258 of 2019(3) dt.26-06-2020 2/2 complainant of demand of dowry and torture therefor. Considering the submission that the petitioners have been implicated in this case because they are related to the husband of the complainant, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released 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 the learned Sub-Divisonal Judicial Magistrate, Araria in Complaint Case No. 2395C of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T