Israil And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37547 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Israil son of Late Abdul

2. Bibi Taija Khatoon wife of Israil Both of Village- Malharia, P.S.- Baisi, District- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Baisi P.S. Case No. 57 of 2016 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. The prosecution case, in brief, is that informant got his daughter, Aazveen Praveen married with Md. Ashraf four years prior to the lodging of the present First Information Report and she gave birth to a female child. Thereafter, accused persons started demanding dowry from the informant and due to nonfulfilment of dowry demand, daughter of the informant has been killed.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.37547 of 2016 (3) dt.04-10-2016 2/3 the petitioners that they are father-in-law and mother-in-law of the deceased Aazveen Praveen. It has been submitted that petitioners have home and hearth separate from their son and daughter-in-law and general and omnibus allegation has been levelled against them. He further submits that the husband of the deceased is in custody since 26.05.2016 and the allegation of demanding dowry and killing the daughter-in-law is false and baseless. However, learned counsel for the informant submits that all the accused persons, including petitioners have caused death of the informant's daughter and one day before the alleged occurrence, informant had gone to his daughter's matrimonial house to pacify them, but the next day he got information that his daughter has been killed, hence, vehemently opposes the prayer for bail.

However, learned A.P.P. for the State submits that petitioners are named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the husband of the deceased has already been arrested and the petitioners are father-in-law and motherin-law respectively and living separately, the allegation being general and omnibus, let the petitioners, named above, in the event of their arrest or surrender before the learned Court below within a period

Patna High Court Cr.Misc. No.37547 of 2016 (3) dt.04-10-2016 3/3 of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Baisi P.S. Case No. 57 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J.) Arjun/- U T