Hasibunesa Bibi @ Hasibunesa Devi @ Hasibunnesa And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5564 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -MAHILA PS District- BUXAR ======================================================
1. Hasibunesa Bibi @ Hasibunesa Devi @ Hasibunnesa wife of Karimulla Khan
2. Shahid Khan @ Md. Sahid Khan Son of Alim Khan
3. Nahida Khatoon D/o Karimullah Khan
4. Farookh Khan Son of Meraz Khan All residents of Village - Usiya, P.S. - Dildar Nagar, District - Gazipur (U.P.).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 Heard learned counsels for the petitioner and the State. The petitioners being the mother, brother-in-law, sister and nephew (sister's son) of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 509, 354 and 498A/34 of the Indian Penal Code.
The basic accusation is of torture. It is alleged against the petitioners that they abused the informant and took away her jewelleries and driven her out from the matrimonial house. It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant and
Patna High Court Cr.Misc. No.5564 of 2016 (2) dt.03-02-2016 2/2 on the request of the informant, her husband has divorced her through letter. For the last occurrence of 28.09.2015, the FIR was lodged on 01.11.2015.
Considering the nature of accusation and thrust of accusation against the husband of the informant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Buxar (Mahila) P.S. Case No. 37 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T