Md. Farooque And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19898 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Md. Farooque son of Late Abdul Sattar

2. Noorjahan khatoon@Nurjahan wife of Md. Farooque Both Resident of Village: Kamalpur, Ansar Nagar, Nawadah, P.s Bundel Khand, District : - Nawadah.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sabra khatoon Daughter of Md. Salim , wife of Md. Sadaam Resident of Village: Hisua, Panchu, Nala, Par, P.s Hisua, District Nawadah. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed. Rizwanul Haque For the Opposite Party/s : Mr. Smt. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2015 Learned counsel for the petitioner seeks permission to withdraw the application with regard to petitioner no. 1, who is dead and his application has become infructuous.

Heard learned counsel for the petitioner no-2. and the State.

The petitioner no.2 being the mother of the husband of the informant is apprehending her arrest in a case registered for the offences punishable under Sections 498A, 406, 326, 323 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand.

Patna High Court Cr.Misc. No.19898 of 2015 (2) dt.30-04-2015 It is alleged against the petitioner no. 2 that she along with her daughter tried to give poison through medicine to the informant.

Considering the thrust of accusation is against the husband of the informant. Petitioner no. 2 being the lady lost her husband recently, let the above named petitioner no. 2 be released on bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nawadah in connection with Nawada Mahila P.S. Case No. 44 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U