Bibi Jahana @ Jahana And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25928 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Bibi Jahana @ Jahana, Wife of Md Hasib,

2. Mangla, Son of Md. Hasib, Both resident of Village- Khoksha P.S.- Baisi, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Baisi P.S. Case No. 164 of 2017 instituted for the offence under Section 306 of the Indian Penal Code.

It is alleged in the written report that daughter of the informant was kidnapped by Md. Akhtar @ Kaila. He kept her somewhere in the night for the purpose of marriage. The co-accused Md. Akhtar was coming in the morning with the daughter of the informant, then one Bhela of village Shahpur saw them who tried to apprehend, but the boy managed to run away. The girl went to the house of the boy Md. Akhtar. The other accused persons named in the First Information Report including these petitioners who are mother and brother of Md. Akhtar assaulted the daughter of the informant and ousted her from the house saying that they will not perform marriage of

Patna High Court Cr.Misc. No.25928 of 2018 (2) dt.02-05-2018 2/2 Md. Akhtar with her. Finally, on the instigation of the accused persons, the boy Akhtar refused to marry with the daughter of the informant. It is further alleged that all the accused persons instigated the daughter of the informant to take poison. Subsequently, the dead body of the daughter of the informant was found in front of the house of Md. Akhtar.

In such circumstances, there is specific allegation against the petitioners who are mother and brother of the boy Md. Akhtar of committing torture with the daughter of informant and forced her to consume poison.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of petitioners stands rejected. Petitioners may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T