Safina Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20872 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Safina Khatoon, Wife of Idrish Shah,

2. Poonam Khatoon, Wife of Taj Sah,

3. Sabana Khatoon, Wife of Raju Sah, All are resident of VillageNandanpura, P.S.- Makhadumpur (Tehta O.P.) District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Makhdumpur (Tehta O.P.) Police Station Case No. 33 of 2017, disclosing offences under Sections 326/498A/34 of the Indian Penal Code.

The petitioner no. 1 is the mother-in-law and petitioner nos. 2 and 3 are wives of the elder brothers of the husband of the informant's daughter. The matrimonial discord appears to be the root cause of lodging of the complaint petition.

The Courts have taken judicial notice of the fact that family members of the husband are implicated in order to create pressure on the husband and his family members. There is no reason for this Court to feel that if

Patna High Court Cr.Misc. No.20872 of 2017 (4) dt.13-07-2017 2/2 granted anticipatory bail, the petitioners shall flee from the course of investigation or trial.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners, namely, Safina Khatoon, Poonam Khatoon and Sabana Khatoon, in the event of their arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur (Tehta O.P.) Police Station Case No. 33 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √