Nuraisa Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24626 of 2023 Arising Out of PS. Case No.-146 Year-2016 Thana- NAUBATPUR District- Patna ====================================================== 1.
NURAISA KHATOON Wife of Md. Manan Miyan Resident of villageGopalpur Silwar, Police Station-Naubatpur, District-Patna 2.
MD. MANAN MIYAN Son of Late Hussain Miyan Resident of villageGopalpur Silwar, Police Station-Naubatpur, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar, Adv.
For the Opposite Party/s :
Mr.Murli Dhar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. Petitioners, being parents-in-law of the informant's daughter, are said to have tortured upon her daughter over the dowry demand and at last, they committed murder of the informant's daughter by setting her on fire.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.24626 of 2023(4) dt.21-07-2023 2/3 Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have been made accused in the present case merely because they are parents-in-law of the deceased. It is further submitted that the husband of the deceased has already surrendered before the learned Court below on 19.07.2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the husband of the deceased has surrendered before the learned Court below, let the above named petitioners, 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, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Naubatpur P.S. Case No. 146 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Learned Court below is directed to verify the fact whether the husband of the deceased has surrendered or not and
Patna High Court CR. MISC. No.24626 of 2023(4) dt.21-07-2023 3/3 if it is found that he has not surrendered yet, the bail bond of the petitioners shall not be accepted by the learned Court below. (Anjani Kumar Sharan, J) divyanshi/- U T