Kuraisha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8470 of 2022 Arising Out of PS. Case No.-2474 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Kuraisha Khatoon Wife of Arif Hussain @ Md. Arif @ Arif Raja Resident of Village- Toi, P.S.- Desri, District- Vaishali 2.

Arif Raja @ Arif Hussain @ Md. Arif Son of Late Ramjan Miyan Resident of Village- Toi, P.S.- Desri, District- Vaishali 3.

Hazra Khatoon Daughter of Arif Hussain @ Md. Arif @ Arif Raja Resident of Village- Toi, P.S.- Desri, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mehrun Nisha W/O Gulam Murtuza D/O Late Md. Shamim At Present Resident of Muhhala- Bela Chhapara, R.K. Asharam, P.S.- Bela, DistrictMuzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP Mr. Asif Kalim, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2022 Heard Mr. Binod Kumar, learned advocate for the petitioners and Mr. Asif Kalim for the opposite party no.2. The State is represented by Additional Public Prosecutor. The petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 2474 of 2019 (Trial No. 2669 of 2020) in which cognizance has been taken under Section 498(A) of the Indian Penal Code against them. The petitioner nos. 1 & 2 are the parents-in-law whereas petitioner no.3 is the sister-in-law of the opposite party no.2 respectively.

By order dated 02.03.2022, the opposite party no.2 was

Patna High Court CR. MISC. No.8470 of 2022(4) dt.22-06-2022 2/2 noticed and the petitioners were granted provisional bail. Mr. Karim, learned counsel for the opposite party no.2 has submitted that the opposite party no.2 does not want to reside with her husband as she is apprehensive of further cruelty if she goes to her matrimonial home.

Be that as it may, learned counsel for the petitioner has drawn the attention of this Court to the nature of accusation against the petitioners and has submitted that they have been made accused only for the reason that they are related to the husband of the opposite party no.2.

The accusation against them appears to be highly exaggerated and the petitioners, because of their age, are not in a position to control the activities of the husband of the opposite party no.2.

Considering the aforenoted circumstances, the provisional bail granted to the petitioners by this Court stands confirmed.

The petitioners shall remain on the same bail bonds. The petition stands allowed.

(Ashutosh Kumar, J) rishi/- U T