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Patna High CourtCR. MISC./17444/2020bail granted

Meena Khatoon v. The State Of Bihar

2021-01-04Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17444 of 2020 Arising Out of PS. Case No.-41 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== 1.

MEENA KHATOON W/o Jamal Khan @ Jamaluddin Resident of VillageKutumba, P.S.- Kutumba, Distt- Aurangabad. 2.

Jamal Khan @ Jamaluddin S/o Late Talim Khan Resident of VillageKutumba, P.S.- Kutumba, Distt- Aurangabad. 3.

Hassan Khan S/o Jamal Khan @ Jamaluddin Resident of Village- Kutumba, P.S.- Kutumba, Distt- Aurangabad.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Ishrat Perween D/o Reyazuddin Khan Resident of Village and P.S.- Tilauthu, Distt- Rohtas.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Shankar Singh,Advocate For the State :

Mr.Akhileshwar Dayal,APP For the O.P. No. 2 :

Mr.Dharmendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-01-2021 Heard learned counsel for the petitioners, Mr. Dharmendra Kumar Singh, learned counsel for the informantO.P. No. 2 and Mr. Akhileshwar Dayal, learned APP Incharge for the State who is present in this case today. Learned counsel for the petitioners submits that these petitioners are the mother-in-law, father-in-law and the younger brother of the husband (devar) of the informant-O.P. No. 2. Petitioners in the present case are seeking pre-arrest bail in connection with Mahila P.S. Rohtas Case No. 41 of 2019 registered for the offences punishable under Sections 341, 323, 504, 506, 498(A)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.17444 of 2020(6) dt.04-01-2021 2/3 Learned counsel for the petitioners submits that the marriage of O.P. No. 2 had taken place with the son of petitioner nos. 1 and 2 in the year 2009 and at this stage the FIR has been lodged alleging torture upon the informant for non-fulfillment of the demand of dowry. It is his submission that the allegations are only general and omnibus and these petitioners have been made accused in this case only because they happen to be the kith and keen of the husband of the O.P. No. 2. Learned counsel for O.P. No. 2 has opposed the prayer for anticipatory bail of the petitioners, however, he along with learned APP submits that the thrust of allegations are against the husband of O.P. No. 2.

Learned APP has informed this Court after going through the case diary that there are only general and omnibus kind of allegations against these petitioners. In the given facts and circumstances of the case noticed hereinabove, considering the releationship of the petitioners with O.P. No. 2 and the submissions noted hereinabove, let in case of their arrest or surrender the petitioners above named within a period of four weeks from today in connection with Mahila P.S. Rohtas Case No. 41 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri. S.K.

Patna High Court CR. MISC. No.17444 of 2020(6) dt.04-01-2021 3/3 condition as laid down under Section 438(2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.