Ajmeri Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18068 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Ajmeri Khatoon daughter of Md. Suleman

2. Md. Jehangir Son of Md. Suleman, Both are resident of VillageMadhopur, Chaturi, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. H.A. Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 304(B) and 120(B)/34 of the Indian Penal Code.

The marriage of the victim was solemnized with one Md. Mumtaj and at the time of marriage Rs.50,000/- was demanded from the informant. The informant showed inability. A case was instituted in 2010 which was ended in compromise but the accused persons continued to commit physical and mental torture with the daughter of the informant. Allegation has been made that

Patna High Court Cr.Misc. No.18068 of 2015 (3) dt.09-07-2015 the daughter of the informant has been killed by strangulation.

Learned counsel for the petitioners submits that identical allegation was made against the mother-in-law who was put to trial in S.T.No.355 of 2014 and the court below did not find the charge proved against her. The order sheet shows that the prosecution could not produce the manner and cause of death of the victim. Petitioners are brother-in-law and sister-in-law.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Ajmeri Khatoon and Md. Jehangir, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No.22 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal procedure.

(Shivaji Pandey, J) Vinay/- U T