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Patna High CourtCR. MISC./22387/2017rejected

Jahrul Nisha And ORS v. The State Of Bihar

2017-07-20Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22387 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Jahrul Nisha Wife of Late Bhola Miyan

2. Salaha Khatoon @ Saliya Khatoon Wife of Nashiruddin Miyan,

3. Nashrullah Miyan Son of Late Bhola Miyan, All Resident of Village- Devapur Akil Tola, P.S. Manjhagarh, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Gopalganj Mahila P.S. Case No. 10 of 2017 registered for offences under sections 341, 323, 376, 307/34 of the Indian Penal Code.

As per allegation, the picture which has been given in the First Information Report shows the manner the lady was treated by her-in-laws and other family members as well as allegation has been made to have sprinkled the kerosene oil on the body of the victim and lit fire on her body causing burn injury. Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.22387 of 2017 (4) dt.20-07-2017 burn injury has been caused while filtering the rice. He further submits that it is a family dispute and every thing has been settled. Looking to the entire fact and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners, namely, Jahrul Nisha, Saleha Khatoon alias Saliya Khatoon and Nasrullah Miyan is rejected.

If the petitioners surrender before the court below within a period of three weeks from today and pray for bail, the court below will pass orders on the same day of appearance in accordance with law without being prejudiced by this order. While considering the prayer for bail of the petitioners, the court below will also take into consideration that other accused persons have already been granted bail.

(Shivaji Pandey, J) Rishi/- U T