Sabina Khatoon @ Samina @ Samina Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43675 of 2018 Arising Out of PS. Case No.-420 Year-2016 Thana- SIWAN CITY District- Siwan ======================================================
1. Sabina Khatoon @ Samina @ Samina Khatoon, Wife of Jamshed
2. Jamshed @ Jamsed Alam, Son of Aisur Rahman@ Munna
3. Afsana Khatoon, Wife of Sajid
4. Munna Mian@ Amisur Rahman@ Munan Mian@ Anisur Rahman, Son of late Majidur Rahman All are resident of Village/Mohalla- Purana Quila Pokhra, P.S. Siwan Town, (Sarai O.P), District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-07-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners have renewed the prayer for anticipatory bail in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
The prosecution case got initiated on the Fardbeyan of Guddu, recorded by Sunil Kumar Pandit, S.I. Siwan Town Police Station on 25.06.2016 at 10.00 P.M at Sadar Hospital, Siwan to the effect that on the same day at 03.00 P.M., the
Patna High Court Cr.Misc. No.43675 of 2018(2) dt.23-07-2018 2/3 informant after having received information to the effect that her sister was killed by her in-laws family members by litting fire after pouring kerosene oil on her body for non-fulfillment of dowry demand, reached to the Sadar Hospital, Siwan when the victim conveyed to him that she was caused burn injury by her in-laws family members.
It is submitted by learned counsel for the petitioners that petitioner no.1 is wife of petitioner no.2, petitioner nos.2 and 4, are brother and father of the husband of the victim respectively and petitioner no.3 is sister of petitioner no.1. Accusation is omnibus and general and the husband of the victim has been granted regular bail. Moreover, the informant has entered into a compromise with the accused persons.
Considering the fact that the prayer of the petitioners was rejected earlier on merits and in a non-compoundable offence, entering into compromise between the accused persons and the informant, does not have any impact on the trial, this Court is not inclined to entertain the bail application of the petitioners preferred with a prayer for anticipatory bail. However, keeping in view the fact that the husband of the victim has been granted regular bail, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks, in connection with Siwan Town (Sarai) P.S.
Patna High Court Cr.Misc. No.43675 of 2018(2) dt.23-07-2018 3/3 Case No.420 of 2016, pending before the learned CJM, Siwan. Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J) Ashwini/- U T