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Patna High CourtCR. MISC./3461/2017bail granted

Furkun Nisha @ Furchun Nisha And ANR v. The State Of Bihar

2017-02-23Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3461 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -KASBA District- PURNIA ======================================================

1. Furkun Nisha @ Furchun Nisha, Wife of Mainul Haque.

2. Mainul Haque, Son of Md. Lokman.

Both resident of Village- Idgah tola Sadhuvaili, P.S.- Kasba, DistrictPurnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 23-02-2017 Let the supplementary affidavit filed on behalf of the petitioners be kept on the record.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Kasba P.S. Case No.106 of 2016 registered under Sections 328 and 302/34 of the Indian Penal Code.

The allegation of the informant is that the marriage of his sister was performed before nine years with Md. Rakim, the son of the petitioners, but she was being tortured by her husband and in-laws. On 14.09.2016, the informant came to know that his sister has been tried to kill by administering poison by her husband and in-laws and she is

Patna High Court Cr.Misc. No.3461 of 2017 (2) dt.23-02-2017 2/2 under treatment at Sadar Hospital, Purnia, where she died, in course of treatment, on 15.09.2016.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are parents-in-law of the deceased, the sister of the informant, and have falsely been implicated in this case on mere suspicion. In fact, due to misunderstanding in between the deceased, the sister of the informant, and her husband, the deceased consumed poisonous substance and she was rushed to the Sadar Hospital, Purnea, for treatment on 14.09.2016 but she died there on the next day (15.09.2016). Further submission is that the petitioner having no criminal antecedent is in custody since 15.09.2016. 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 the Chief Judicial Magistrate, Purnea, in connection with Kasba P.S. Case No.106 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T