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Patna High CourtCR. MISC./14161/2021bail granted

Jahari Khatoon v. The State Of Bihar

2022-01-11Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.14161 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

JAHARI KHATOON Wife of Md. Hussain Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

2.

Md. Husain Son of Late Abdul Sakur Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

3.

Md. Mehandi Son of Md. Husain Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

4.

Md. Raju Son of Md. Husain Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

5.

Mosarat Khatoon Daughter of Md. Husain Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

6.

Nusrat Khatoon Daughter of Md. Husain Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

7.

Sagira Khatoon Wife of Hafizur Rahman Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

8.

Praveen Khatoon Wife of Md. Mehandi Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

9.

Md. Kashim Son of Late Abdul Kadir Resident of Chhorahi, P.S. - Babubarhi, District - Madhubani.

... ... Petitioners

Versus

1.

The State of Bihar 2.

AAYASHA KHATOON Wife of Md. Shahid Resident of Village - Chhorahi, P.S. - Babubarhi, District - Madhubani., At present D/O Anamul Haque, residing at rented house of Md. Shalik, Village - Chanipur Bhawara, Behind National School P.S. and District - Madhubani. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within

Patna High Court CR. MISC. No.14161 of 2021(2) dt.11-01-2022 2/3 one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Town P.S. Case No. 100 of 2020, registered for the offences punishable under Sections 241, 323, 379, 498(A), 307/34 of the Indian Penal Code.

It is a case of matrimonial dispute. Aayasha Khatoon, the informant has levelled allegation against the accused persons including the petitioners of torture due to non-fulfillment of dowry demand.

Learned counsel for the petitioners has submitted that the petitioners are in-laws of the informant and they have no concern with day to day affairs of the couple. The prayer for anticipatory bail of Md. Shahid, who is the husband of the informant has been rejected.

Considering the fact that the petitioners are in-laws having no concern with day to day affairs of the couple and the allegation of attempt to kill the informant by strangulating her is only against her husband, Md. Shahid and not the petitioners, let the petitioners be released on bail in the event of their arrest or surrender within four weeks before the learned court below on

Patna High Court CR. MISC. No.14161 of 2021(2) dt.11-01-2022 3/3 furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Town P.S. Case No. 100 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T