IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19302 of 2010 1. AMANA BEGAM , WIFE OF MD. MAQBOOL ALAM. 2. MD. MAQBOOL ALAM @ KHAKHROO, SON OF FARID ALAM, RESIDENT OF VILLAGE-AMIN, P.S. JAMUI, DISTRICT-JAMUI......................................PETITIONERS. Versus THE STATE OF BIHAR........................OPPOSITE PARTY. -----------
For the Petitioners : Mr. Brahamdeo Prasad Singh, Advocate.
For the State : Mr. U.S.P. Singh, A.P.P. ---------- 2. 15.6.2010. Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case
registered under Section 498(A) of the Indian Penal Code
besides Sections 3/4 of the Dowry Prohibition Act.
It has been submitted on behalf of the petitioners
the petitioner no.1 is mother-in-law whereas petitioner no.2 is
father-in-law of the complainant. Learned counsel further
submits that the complaint case was filed alleging torture and
demand of dowry. However, it is contended that the petitioners
had neither assaulted the complainant nor had they made any
demand and, in fact, the petitioner no.2 had gone to bring the
complainant but she flatly refused to go at her matrimonial
house and in this regard an informatory petition was also filed
on 1.8.2008. It has also been submitted that the son of the
petitioners, who is the husband of the complainant, had filed a
Matrimonial Suit No.55 of 2009 for restitution of conjugal
rights, which is apparent from paragraph-3 of the order dated
10.2.2010 passed in A.B.P. No.58 of 2010 passed by the
Sessions Judge, Jamui, refusing the anticipatory bail of the
Having considered the facts and the circumstances
of the case, let the petitioners, namely, (1) Amana Begam and
(2) Md. Maqbool Alam @ Khakhroo, in the event of their arrest
or surrender by them within four weeks, be enlarged on bail on
their furnishing bail bond of Rs.10,000/(Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the S.D.J.M., Jamui, in connection with
Complaint Case No.158/2009, subject to the conditions laid
down under Section 438(2) Cr.P.C.
(Dr. Ravi Ranjan, J)