Khushbun Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12703 of 2021 Arising Out of PS. Case No.-500 Year-2020 Thana- MASHRAK District- Saran ====================================================== 1.

Khushbun Khatoon Wife of Aalish Alam, D/o Jamaludin R/o VillageMashrakh Purab Tola, P.S.- Mashrakh, District- Saran at Chapra. 2.

Ashya Khatoon D/o Jamaudin R/o Village- Mashrakh Purab Tola, P.S.- Mashrakh, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Narendra Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Mashrakh P.S. Case No.500 of 2020, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. The allegation against the petitioners is that they killed the daughter of the informant for non-fulfillment of demand of additional dowry.

Learned counsel for the petitioners submits that petitioners have committed no offence and they have falsely been implicated in the present case. Petitioners are Nanad of the deceased. The husband of the deceased has not been made accused in the case. It is further submitted that the deceased was

Patna High Court CR. MISC. No.12703 of 2021(2) dt.03-12-2021 2/2 living separately from the petitioners and petitioners have no manner of concern with the family affairs of the deceased. Learned counsel for the State opposed the prayer for anticipatory bail of the petitioners and submitted that petitioners are also involved in killing of the daughter of the informant. From perusal of the contents of the FIR and the photo copy of the case diary, it appears that the petitioners used to demand dowry from the deceased and strangulated her to death within four months of her marriage.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

However, the petitioners are directed to surrender before the learned court below within a period of four weeks from today and the learned court below shall consider the prayer for regular bail of the petitioners preferably on the same day without being prejudiced from the order of this Court. (Anjani Kumar Sharan, J.) Sanjay/- U T