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Patna High CourtCR. MISC./11508/2017allowed

Afsana Khatoon And ORS v. The State Of Bihar

2017-05-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11508 of 2017 Arising Out of PS.Case No. -221 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Afsana Khatoon, Wife of Islam Mian @ Md. Islam

2. Juhi Khatoon, Wife of Late Gulab Hussain, daughter of Islam Mian @ Md. Islam

3. Sadam, Son of Islam Mian @ Md. Islam, All are of Resident of Village-Bathua Bazar, Police Station-Fulwariya, District-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 306/34 of the Indian Penal Code.

The petitioner no.1 is the mother-in-law, petitioner no.2 is the wife and petitioner no.3 is the brother-in-law of the deceased.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the case due to village politics. He further submits that, in fact, the son of the informant

Patna High Court Cr.Misc. No.11508 of 2017 (3) dt.19-05-2017 namely Gulab Hussain used to send money to his wife and petitioners never tortured to the deceased to commit suicide. He also submits that the matter has been compromised between the parties and a compromise petition dated 13.02.2017 has already been filed in the court of learned ACJM-IX, Gopalganj, which would be evident from Annexure-2 to the bail petition. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on 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-IX, Gopalganj in connection with Uchakagaon P.S. Case No.221 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Arvind/- (Arvind Srivastava, J) U T