Bibi Rukaiya And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38226 of 2014 Arising Out of PS.Case No. -101 Year- 2014 Thana -AMAUR District- PURNIA ======================================================
1. Bibi Rukaiya Wife of Margub Kafil
2. Md. Mushtaque Alam Son of Late Hamidurahman Both resident of village- Basol, P.S.- Amour, District- Purnia .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Smt.Sangeeta Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2015 Heard both sides.
Petitioners seek bail in a case registered under section 302 and other allied sections of the Indian Penal Code. The informant father of the deceased alleged that his daughter Gajala Ruhi Katina was married to Margub Kafil. Immediately after marriage her husband and other family member stated torturing her. Before the occurrence her husband Magrub Kafil solemnized second marriage with Bibi Rukaiya. The informant further alleged that his son-in-law informed him that his daughter was going to paternal place and when she did not reach a search was made and on search her dead body was found in a river Kankai.
Patna High Court Cr.Misc. No.38226 of 2014 (3) dt.28-01-2015 2/2 Learned counsel for the petitioner submits that there is no eye witness to the occurrence. Petitioners are father and second wife of the husband of the deceased. Even during the course of investigation no cogent evidence has been collected to show the involvement of the petitioners.
Learned A.P.P. submits that the deceased died of injuries found on her chest and on account of asphyxia Having considered the fact that the petitioners are second wife and father of the husband of the deceased and there is no allegation against the petitioners, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Ashish Mishra, J.M. Ist Class, Purnia in Amour P.S. Case no. 101 of 2014. (Prabhat Kumar Jha, J) M.Rahman/- U T