Patna High CourtCR. MISC./12512/2015bail granted

Rukhsana Khatoon And ORS v. The State Of Bihar

2015-04-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.12512 of 2015 (2) dt.02-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12512 of 2015 Arising Out of PS.Case No. -249 Year- 2014 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rukhsana Khatoon W/o Md. Kasim

2. Gulsan Khatoon @ Gulsan D/o Md. Kasim

3. Tetar Khatoon D/o Md. Kasim All R/o Village Raghauta, P.S. Raxaul, District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 02.04.2015 Heard learned counsel for the petitioners, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioner no.1 is mother-in-law, petitioner no.2 is married Nanad and petitioner no.3 is unmarried Nanad of the victim. According to the prosecution case itself, marriage of victim was solemnized in the year 2002 and her death is said to have taken place in the year 2014 but in spite of that police registered case under section 304B/34 of the Indian Penal Code and 3/ 4 of the D.P. Act. Moreover, it appears that after investigation, police submitted charge sheet under sections 302, 201/34 of the Indian Penal Code.

From perusal of the first information report itself, it is obvious that allegation of demand as well as torturing has been

Patna High Court Cr.Misc. No.12512 of 2015 (2) dt.02-04-2015 levelled against husband of the victim and so far as the petitioners are concerned, omnibus allegation of torturing has been levelled against them.

Husband of victim has already been remanded to jail custody.

Accordingly, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in Raxaul P. S. case no. 249/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T