Basiran Khatoon @ Basiran And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21490 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Basiran Khatoon @ Basiran Wife of Khairati Miya

2. Khairati Mian Son of late Ali Hussain Both Residents of VillageRamapali, P.S. Siwan Mufassil, District Siwan. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bijay Prakash Singh, Advocate. For the Opposite Party : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsels for the petitioners, informant and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Siwan Mufassil P.S. Case No. 36 of 2017 for the offences instituted under Sections 304(B)/34 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the daughter of the informant was married with Ali Imam Ansari on 15.12.2012, after some period of her marriage, her in-laws members asked a motorcycle and cash rupees fifty thousand and for fulfilment of that dowry demand they began to subject her to cruelty and on

Patna High Court Cr.Misc. No.21490 of 2017 (2) dt.24-05-2017 2/3 29.01.2017 he was informed on his phone that they murdered her by strangulation. The informant tried to contact the accused on Cell phone but their Cell phone was switched off and he got knowledge from the neighbours of her matrimonial home that her husband Ali Imam Ansari, her mother-in-law's members including the petitioners had murdered her.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The petitioner no. 1 is the mother-in-law and petitioner no. 2 is the father-in-law of the deceased. They are separate in mess and property from the husband of the deceased.

On behalf of the learned counsels for the informant and the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Siwan Mufassil P.S. Case No. 36/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.21490 of 2017 (2) dt.24-05-2017 3/3 satisfaction of the learned C.J.M., Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T