The High Court disposed of a bail application where only summons were issued against in-laws in a Section 498A case. Petitioners directed to surrender within six weeks for re-admittance to the lower court for regular bail.
Directed to consider regular bail by surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14648 of 2016
Arising Out of Complaint Case No.. -1548 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== 1. Rozida Khatoon Wife of Md. Moti 2. Md. Moti Son of Md. Latif 3. Md. Safiqul Son of Md. Tahjan 4. Md. Safique@China Son of late Md. Nathuni 5. Mozima Khatoon Wife of Md. Safiqual .... .... Petitioner/s Versus 1. The State of Bihar 2. Amina Khatoon Wife of Md. Mumtahan, Daughter of Gulam Mohammad .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 21-04-2016 Heard learned counsels for the petitioners and the State. The petitioners being the sisters, brother-in-laws and father of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code. Basic accusation is of torture. It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant and the accusation is omnibus and general against the entire in-laws family of the petitioners including the
Patna High Court Cr.Misc. No.14648 of 2016 (4) dt.21-04-2016
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petitioners.
It appears that the learned Sessions Judge has disposed of the anticipatory bail application of the petitioners since only the summons were issued. Learned counsel for the petitioners has not controverted this fact that only summons have been issued.
Under the circumstances, let the learned Court below consider the prayer for regular bail of the petitioners in view of the ratio laid down in the case of Salim Ansare alias Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in PLJR 2015(3) 806 , if the petitioners surrender within a period of six weeks in connection with Trial No.4529/2015 arising out of Complaint Case No.1548/2015, pending before the learned CJM, 1st Class, Muzaffarpur.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
Colour shows how this judgement treated each authority
Salim Ansare alias Md. Salim Ansare and Others Vs. The State of Bihar & AnotherReferred¶7
PLJR 2015(3) 806
1 provisions across 1 enactments
Rozida Khatoon and others
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
