Md. Harun vs The State Of Bihar
2021 Latest Caselaw 4378 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 31991 of 2020
             Arising Out of PS. Case No.-454 Year-2019 Thana- RAJAON District- Banka
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1. Md. Harun, Male age about 62 years, Son of Md. Hammid.

2. Bibi Hasina, Female, age about 58 years, Wife of Harun.

3. Khursida Khatun @ Khusida Khada, Female, age about 35 years, Wife of Md. Harun.

4. Md. Abod @ Md. Abed, Male, age about 40 years, Son of Md. Israil.

All are resident of Village-Katiyama, PS-Rajoun, District-Banka.

5. Bibi Namina @ Bibi Narina, Female age about 28 years, Wife of Md.

Guddu, Resident of Village-Puraine, PS-Jagdishpur, District-Bhagalpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s     :       Mr. Vibhakar Kumar, Advocate
      For the State            :       Ms. Sharda Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 31-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Vibhakar Kumar, learned counsel for the

petitioners and Ms. Sharda Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Rajoun PS Case No. 454 of 2019 dated 02.11.2019, instituted

under Sections 341, 323, 498-A, 307, 504, 506/34 of the Indian

Penal Code and 3/4 of the Dowry Prohibition Act, 1961. Patna High Court CR. MISC. No.31991 of 2020 dt.31-08-2021

4. The allegation against the petitioners, who are

relatives of the husband of the informant, is of demand of

dowry, torture and assault.

5. Earlier, the Court on 27.07.2021, had directed for an

exercise where the husband of the informant was to go to the

house of the informant and take her to the matrimonial home.

6. Pursuant to the same, the Court has been informed by

learned counsel for the petitioners as well as the learned APP that

finally on 11.08.2021, the informant had gone to her matrimonial

home. When the Court called upon learned counsel as to whether

the three children had also gone to their father's place, the answer

was in the affirmative. However, in the supplementary affidavit,

which has not been affidivated, it has been stated only about the

informant having gone to the matrimonial home with her husband

and living there since 11.08.2021. The Court finds it unfortunate

that pleadings are filed without any seriousness. It was the duty of

the petitioners to ensure that the facts were incorporated in the

supplementary affidavit and it had to be mentioned that the three

children were also living in the house of their father, but the same

has not been stated. The Court record its strong displeasure at such

casual affidavit being filed in the proceedings. The Court, thus,

was of the opinion that cost be imposed for such casualness.

Patna High Court CR. MISC. No.31991 of 2020 dt.31-08-2021

7. At this juncture, learned counsel for the petitioners

sought indulgence and submitted that due to inadvertence, such

fact was not stated in the affidavit. Having regard to the aforesaid,

by way of indulgence, the Court refrains from doing so.

8. Learned APP submitted that the Superintendent of

Police, Banka has also filed a report which discloses that the

informant had gone to her matrimonial home, along with her three

children. Further, she submitted that she has also talked to the

informant on 11.08.2021 and the SHO has also informed her on

23rd August, 2021, that she is living without any complain in the

matrimonial home. It was submitted that as per the undertaking,

the husband of the informant has assured that the informant would

not be troubled in any way.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, as the

informant has returned to the matrimonial home with her children

and it has been undertaken by her husband, as also the petitioners,

that she would not face any problem, the Court is inclined to allow

the prayer for pre-arrest bail.

10. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioners be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.31991 of 2020 dt.31-08-2021

25,000/- (twenty five thousand) each with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Banka in Rajoun PS Case No. 454 of 2019, subject to

the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the petitioners, (ii) that the petitioners

shall co-operate with the Court and police/prosecution and (iii)

that the petitioners shall give an undertaking to the Court that the

informant and her children shall be kept in the matrimonial home

with full dignity, honour and security and that all her needs shall

be taken care of and also that the informant shall be free to talk to,

meet or visit any person she desires without any let or hindrance,

either by her husband or his family members, including the

petitioners. Any violation of the terms and conditions of the

undertaking or failure to co-operate shall lead to cancellation of

their bail bonds.

11. It shall also be open for the prosecution as also the

informant and her guardians to bring any violation of the

foregoing conditions by the petitioners, to the notice of the Court

concerned, which shall take immediate action on the same after

giving opportunity of hearing to the petitioners.

Patna High Court CR. MISC. No.31991 of 2020 dt.31-08-2021

12. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T