Advocates:
['Neerad Parashar', '', 'Iqbal Asif Niazi', 'Sunil Kumar Pandey']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14358 of 2020

Arising Out of PS. Case No.-94 Year-2019 Thana- MAHILA PS District- Darbhanga

======================================================

1.

TUFAIL AHMAD KHAN Son of Late Kafil Ahmad Khan Resident of

Village- Shansho, P.S.- Sadar (Mabbi O.P.), District- Darbhanga.

2.

Khustari Khatoon @ Khustari Khanam Wife of Tufail Ahmad Khan

Resident of Village- Shansho, P.S.- Sadar (Mabbi O.P.), District- Darbhanga.

3.

Moni Khatoon @ Nuzrat Parween Daughter of Tufail Ahmad Khan Resident

of Village- Shansho, P.S.- Sadar (Mabbi O.P.), District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Neerad Parashar

For the Opposite Party/s :

Mr.Sunil Kumar Pandey

======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

ORAL ORDER

3

22-11-2021

Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioner is directed to remove the

defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case

registered under Sections 323, 324, 498A, 504, 506 and 34 of the

Indian Penal Code and ¾ of Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.14358 of 2020(3) dt.22-11-2021

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dispute. The petitioner Nos. 1, 2 & 3 are father-in-law, mother-in-law

and sister-in-law of the complainant/informant respectively. All the

offences are 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 of the

case, let the petitioners, above named, in the event of arrest/surrender

before the learned court below within a period of twelve weeks from

today, be released on anticipatory bail on on furnishing bail bonds of

Rs. 10,000/- (ten thousand) each with two sureties of the like amount

each to the satisfaction of learned Sub Divisional Judicial

Magistrate, Darbhanga in connection with Mahila P.S. Case No. 94

of 2019, subject to the conditions as laid down under Section 438(2)

of the Code of Criminal Procedure.

A.K.V.//-

(Sudhir Singh, J)

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