Jainab Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7310 of 2018 Arising Out of PS. Case No.-264 Year-2017 Thana- HUSAINGANJ District- Siwan ======================================================

1. Jainab Khatoon, wife of Harun Mian.

2. Reshma @ Reshmi Khatoon, wife of Asraf Mian.

3. Najrana @ Najrana Khatoon, wife of Nanhe.

4. Munni Khatoon, wife of Salau Mian, All Resident of Village- Hasanpura Gola Bazar, P.S. M.H. Nagar, District Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. NAVIN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 363, 364, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Petitioner no. 1 is mother-in-law, petitioner no. 2 is

Patna High Court Cr.Misc. No.7310 of 2018(2) dt.06-02-2018 2/2 gotni, and petitioner nos. 3 and 4 are sisters-in-law of the victim. They have falsely been implicated in the present case due to petty family dispute. There is no evidence to suggest the implication of the petitioner in respect of offence under Sections 363 and 364 IPC. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Siwan in connection with Hussainganj (M.H. Nagar) P.S. Case No. 264 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T