Aasiya Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1477 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Aasiya Khatoon, wife of Late Abdul Haque,

2. Armani Khatoon, wife of Md. Salim,

3. Md. Salim, son of Late Abdul Haque,

4. Md. Aslam, son of Late Abdul Haque, All Resident of village - Salempur, Seero Tola, P.S. - Balrampur, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Md. Imteyaz Ahmad, Advocate Mr. Shashank Thakur, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, APP For the Informant : Mr. Najeeb Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Sadiqua Khatoon died within two and half years of her marriage leaving behind two children. Allegation of torture and demand is specific against the husband. However, in the subsequent part allegation is that all the in-laws including the husband throttled the victim to death. There is no eyewitness of

Patna High Court Cr.Misc. No.1477 of 2017 (4) dt.03-03-2017 2/2 the occurrence. There is no evidence of demand and torture on the part of the petitioners; rather claim of the petitioners is that they are separate from the husband and others.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned Additional Chief Judicial Magistrate-VI, Katihar/Successor Court in connection with Balrampur Police Station Case No.131 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T