Bibi Musya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17848 of 2024 Arising Out of PS. Case No.-648 Year-2022 Thana- JOKIHAT District- Araria ====================================================== 1.

Bibi Musya Wife Of Late Sakdir R/O-Fatki, Ward No. 12, P.S.-JOKIHAT, Distt.-ARARIA, Bihar 2.

Ladly Wife Of Ramjan R/O-Fatki, Ward No. 12, P.S.-JOKIHAT, Distt.- ARARIA, Bihar 3.

Patli @ Kismati Daughter Of Late Sakdir R/O-Fatki, Ward No. 12, P.S.- JOKIHAT, Distt.-ARARIA, Bihar 4.

Md. Imran Son Of Late Sakdir R/O-Fatki, Ward No. 12, P.S.-JOKIHAT, Distt.-ARARIA, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners apprehend their arrest in connection with Jokihat P.S.Case No. 648 of 2022 dated 27.12.2023 instituted for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. The case of prosecution, in short, is that when the informant visited the matrimonial house of her daughter, she found the dead body of her daughter in a room which was locked and no family members were present. It is further

Patna High Court CR. MISC. No.17848 of 2024(4) dt.12-07-2024 2/3 alleged that her daughter , who was married for six years, was assaulted by her mother -in-law and husband. The door of the room was broken with the help of local people

4. The petitioner no. 1 is mother-in-law of the deceased and petitioner no. 2 is wife of Ramzan , elder brother of husband of the deceased, petitioner no. 3 is sister of the husband of the deceased and petitioner no 4 is brother of husband of the deceased. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the petitioners and the husband of the deceased were living separately. As per the prosecution case, the dead body was found in a room which was locked. It is further submitted that the deceased herself locked in the room and body was recovered from the locked room. Learned counsel for the petitioners submitted that on perusal of the post mortem report it appears that there was no external injury on the body of the deceased. The doctor has opined that no definite opinion can be given with regard to cause of death and Viscera is preserved. It is submitted that the husband of the deceased is already in custody. The petitioners have clean antecedent.

5. Learned A.P.P for the State has opposed the prayer

Patna High Court CR. MISC. No.17848 of 2024(4) dt.12-07-2024 3/3 for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioners within a period of six weeks from today, in connection with Jokihat P.S.Case No. 648 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M, Araria or appropriate Court Below, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Khatim Reza, J) N.K/- U T