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Patna High CourtCR. MISC./7857/2020bail granted

Ajmeri Khatoon v. The State Of Bihar

2020-03-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7857 of 2020 Arising Out of PS. Case No.-389 Year-2019 Thana- BARHARIA District- Siwan ====================================================== 1.

Ajmeri Khatoon W/o- Jaan Mohhamad R/o Village- Majhagarh, P.S.- Majhagarh, District- Gopalganj.

2.

Nasima Khatoon W/o- Sabir Ali R/o Village- Khanpur, P.S.- Barhariya, District- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-03-2020 This matter has been listed under heading "For Orders(On Office Notes)" but the office report reflects that the case diary has already been received.

In the aforesaid circumstance, this petition is being disposed of on merit with consent of the parties. Heard learned counsel appearing for the petitioners as well as learned A.P.P. for the State.

Petitioners are in jail custody since 12.12.2019 in connection with Barharia P.S. Case No. 389/2019 registered under Section 304(B)/34 of the Indian Penal Code. Petitioner No. 1 happens to be married Nanad whereas petitioner No. 2 is Gotani of the deceased, who died in other than normal circumstance within seven years of her

Patna High Court CR. MISC. No.7857 of 2020(3) dt.19-03-2020 2/2 marriage.

Learned counsel of the petitioners submits that the informant lodged the present case after 45 days of death of the deceased. He, further, submits that, moreover, petitioners do not have any concern with the affair of husband of deceased. The perusal of first information report as well as statements of witnesses recorded in course of investigation, it would appear that the allegation of illegal demand centres around against the husband of the deceased.

Moreover, considering the aforesaid facts as well as this aspect of the matter that the investigation against petitioners has already been completed, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Barharia P.S. Case No. 389/2019. (Hemant Kumar Srivastava, J) Spd/- U T