Patna High Court - Orders
Md. Irshad Khan & Ors vs State Of Bihar & Anr on 16 March, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15180 of 2018
Arising Out of PS.Case No. -141 Year- 2017 Thana -AURANGABAD COMPLAINT CASE
District- AURANGABAD
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1. Md. Irshad Khan, S/O Md. Serajuddin Khan (Dewar).
2. Md. Irfan Khan, S/O Md. Serajuddin Khan (Dewar).
3. Md. Asharaf Khan alias Mutun Khan, S/O Md. Serajuddin Khan,
(Dewar).
4. Jareena Khatoon @ Zarina Khatoon, wife of Md. Serajuddin Khan
(Mother- in- law).
5. Md. Ashraf Khan, Son of Md. Alim Khan, (Nandoshi).
6. Sony Khatoon, wife of Ashraf Khan (Nanad).
7. Mony Khatoon, D/O Serajuddin Khan (Nanad).
8. Shaishta Parveen alias Chhoti, D/O Serajuddin Khan (Nanad). All are
residents of Village- Makbulpur, P.O. Fakarpur, P.S. and District-
Arwal.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Shagufta Khatoon, D/O. W/O Md. Saddam Hussain, R/V- Makbulpur
Raja, P.O. Pokharpur, P.S. District-Arwal at present residing at Village-
.... .... Opposite Parties
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Appearance :
For the Petitioners : Mr. Shailesh Kumar Singh, Advocate.
For the State : Mr. Ram Naresh Ray, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 16-03-2018Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A) of the IPC and ¾ of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to non- fulfilment of demand of dowry.
Patna High Court Cr.M isc. No.15180 of 2018 (2) dt.16-03-20182/3
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned S.D.J.M. Daudnagar (Aurangabad), in connection with Daudnagar Complaint Case No. 141/17, subject to the conditions as laid down under Section Patna High Court Cr.M isc. No.15180 of 2018 (2) dt.16-03-2018 3/3 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T