Md. Afroj Alam And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.46730 of 2015 (3) dt.12-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46730 of 2015 Arising Out of PS.Case No. -420 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Md. Afroj Alam, Son of Late Akbar Ali,

2. Lal Mohammad, Son of Md. Afroj Alam,

3. Bebi Khatoon, Wife of Md. Afroj Alam, All Resident of Village - Banbhag West Tola, Police Station - K. Nagar, District - Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nandsingh For the Opposite Party : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-02-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with K. Nagar P.S. Case No. 420 of 2014, registered under Section 302/34 of the Indian Penal Code.

The prosecution case is that the marriage of Tarana Khatoon was performed with Sahwaj Alam, son of Md. Afroj Alam and Bebi Khatoon (Petitioners) and due to their wedlock, there are three children, but latter on Tarana Khatoon was being tortured by her husband in drunken state. The petitioner no.1 Md. Afroj Alam, father-in-law of Tarana Khatoon was also helped his son in torturing the Tarana Khatoon and due to non-fulfillment of

Patna High Court Cr.Misc. No.46730 of 2015 (3) dt.12-02-2016 demand of dowry, Tarana Khatoon has been killed. Learned counsel appearing on behalf of the petitioners submits that petitioners are father-in-law and motherin-law of Tarana Khatoon deceased/daughter of the informant. Further submission is that, in fact, petitioners are living separately since long to the Sahwaj Alam, husband of the deceased. Due to quarrel with Sahwaj Alam, Tarana Khatoon committed suicide by burn. But due to ulterior motive, the petitioners have also been implicated in the present case and are in custody since 28.06.2015.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Satyendra Kumar, Judicial Magistrate 1st Class, Purnea in connection with K. Nagar P.S. Case No. 420 of 2014. (Rajendra Kumar Mishra, J) manish/- U T