Partly allowed

Bibi Shakina and Ors. v. The State Of Bihar

Patna HC7 Mar 2018CR. MISC./13414/2018

Case brief

AI extract

What is this about?

In a petition for anticipatory bail in a criminal case involving dowry and rape allegations, the High Court at Patna granted relief to petitioners 1-6 to be released on bail upon arrest/surrender within six weeks, while rejecting the prayer for anticipatory bail for petitioner no. 7 due to specific sexual offence allegations.

What did the court decide?

Anticipatory bail granted to petitioners 1-6 if arrested/surrendered within six weeks, provided bail bonds; bail rejected for petitioner 7.

Bibi Shakina and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.13414 of 2018

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Arising Out of PS. Case No.-594 Year-2017 Thana- NATHNAGAR District- Bhagalpur

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Bibi Shakina, Wife of Md. Siraj,

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Md. Siraj, Son of Marhum Tahur.

¶6

Bibi Gulshan, Wife of Md. Safdar.

¶7

Md. Safdar @ Md. Sabdar, son of Md. Faruk.

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Bibi Keshwari @ Bibi Kishdhwari, Wife of Anwar.

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Md. Anwar @ Md. Chhanguri, Son of Jhakko @ Md. Jhakko, 7. Md. Mumtaj, Son of Md. Siraj. All residents of VillageBhatoriya, P.S.- Madhusudanpur, District- Bhagalpur.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : SMT. VEENA RANI PRASAD.

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

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 07-03-2018 Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners are apprehending their arrest in a case registered under Sections 498A, 363/376(D), 120B of the Indian Penal Code and ¾ of Dowry Prohibition Act.

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Allegation against the petitioners is of committing torture and rape upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioners that

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Patna High Court Cr.Misc. No.13414 of 2018(2) dt.07-03-2018 2/3

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the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. No specific allegation has been levelled against petitioner nos. 1 to 6. They have falsely been implicated in the present case due to petty family dispute. 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 .

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On behalf of the State, it is submitted that the there is specific allegation of sexual offence against petitioner no. 7.

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Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner no. 7. His prayer for bail is rejected.

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Let the petitioners Nos. 1 to 6 , 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 A.C.J.M., Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 594 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of

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Patna High Court Cr.Misc. No.13414 of 2018(2) dt.07-03-2018 3/3

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Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Bibi Shakina and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bibi Shakina and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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