Saiful Khatoon @ Maikul Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11431 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== 1.

Saiful Khatoon @ Maikul Khatoon Wife Of Md. Shatir @ Satir Rain R/OMarpa, P.S.-Kanhauli, Distt.-Sitamarhi 2.

Kulsum Khatoon Wife Of Safrullah @ Safiullah Rain R/O-Marpa, P.S.- Kanhauli, Distt.-Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Divya Bharti, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Kanhauli P.S. Case No. 98 of 2023 dated 11.06.2023 registered for the offences punishable u/ss 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the informant's sister due to non-fulfillment of demand of Rs. 5,00,000/- as dowry.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the gotni of the deceased and they

Patna High Court CR. MISC. No.11431 of 2024(2) dt.18-03-2024 2/2 have no concern with the alleged offence. The petitioners neither demanded any dowry nor tortured the informant's sister. There is general and omnibus allegation against the petitioners. The petitioners are ladies and they have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Sitamarhi in connection with Kanhauli P.S. Case No. 98 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T