Afsana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24480 of 2021 Arising Out of PS. Case No.-45 Year-2011 Thana- TARAPUR District- Munger ====================================================== 1.

Afsana Khatoon D/o Gulam Rabbani, Wife of Nausad Khan R/O VillageLakhanpur, Near Chandan Baba Majar, P.S.- Tarapur, District- Munger, Presently Both Reside At Survey No.11, Plot No.-33, Birat Nagar, Satpur Ambad Link Road, Dhanbantari (near Hospital) Ambad, Nashik (Maharastra).

2.

Ruksana Khatoon D/o Gulam Rabbani, Wife of Parbej Alam R/o VillageLakhanpur, Near Chandan Baba Majar, P.S.- Tarapur, District- Munger, Presently Both Reside At Survey No.11, Plot No.-33, Birat Nagar, Satpur Ambad Link Road, Dhanbantari (near Hospital) Ambad, Nashik (Maharastra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

The petitioners are apprehending their arrest in a case initially registered under Sections 341, 323, 326, 307, 504, 498A/34 of the Indian Penal Code but later on, Section 304B of the Indian Penal Code was also added.

Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.24480 of 2021(2) dt.01-07-2021 2/2 tampering of witnesses alleged against the petitioners. The petitioners are married Nanad of the deceased. They are separate in mess and property from husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger in connection with Tarapur P.S. Case No. 45A of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T