Istama Jahan @ Jabi Praveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9768 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- RAUTA District- Purnia ====================================================== Istama Jahan @ Jabi Praveen, aged about 18 years, Female, D/o Shamim Ahmad, R/O Village- Kolha, P.S.- Kochadhaman, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 304(B), 201, 120(B) and 302 of the Indian Penal Code.

The prosecution case as per the written report of Ijhar Alam submitted to SHO, Routa Police Station is to the effect that the daughter of the informant was married with one Naved Alam and after the marriage, she was kept with dignity and honour for one year, thereafter, torture was inflicted upon her, due to non-fulfillment of further dowry demand. On 06.05.2018 at about 2.00 A.M., the son-in-law of the informant informed him that her daughter has been missing. Thereafter, the

Patna High Court Cr.Misc. No.9768 of 2019(2) dt.19-02-2019 2/3 informant along with his family members went to in-law's house of his daughter and dead body of the informant's daughter was found beneath the sand on the embankment of the river. It is further alleged the son-in-law of the informant is having illicit relationship with the petitioner.

It is submitted by learned counsel for the petitioner the accusation has been levelled only on the basis of suspicion against the petitioner and thrust of accusation is against the husband of the victim. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitioner and petitioner is named in the FIR.

Considering the fact that material on record does not suggest that there is any eye witness to the occurrence and petitioner being a lady, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.9768 of 2019(2) dt.19-02-2019 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Purnea in connection with Routa P.S. Case No. 46 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T