Noor Jahan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25575 of 2019 Arising Out of PS. Case No.-276 Year-2017 Thana- BHORE District- Gopalganj ====================================================== 1.

Noor Jahan Khatoon, Wife of Mahasud Ansari Resident of Village - Rampur, P.S.- Vijaipur, Distt.- Gopalganj.

2.

Babuni Khatoon, Wife of Rahim Ansari, Resident of Village - Nandpur, P.S.- Khamwar, Distt.- Dewariya, (U.P.).

3.

Moharoon Khatoon Wife of Mubarak Ansari Resident of Village - Nandpur, P.S.- Khamwar, Distt.- Dewariya, (U.P.).

4.

Rahim Ansari, Son of late Habib Ansari, Resident of Village - Nandpur, P.S.- Khamwar, Distt.- Dewariya, (U.P.).

5.

Saimul Khatoon, Wife of Mastan Ansari, Resident of Village - Rampur, P.S.- Dewariya Distt.- Dewariya, (U.P.).

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 406, 498, 498(A)/34 of the Indian Penal Code.

Petitioners along with other accused persons are said to have tormented the informant over dowry demand and drove her out from the marital house. Then, the informant filed a case under Section 498-A and other allied sections of the Indian

Patna High Court CR. MISC. No.25575 of 2019(2) dt.25-04-2019 2/3 Penal Code against the accused persons. They got the matter compromised and took the informant to marital house and kept there for couple of months. They again drove her out from there after snatching her belongings.

Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case. Petitioner no.1 is the sister-in-law (Nanad), petitioner no.2 is the mother-in-law and petitioner no.3 is the second wife of the husband of the informant, petitioner no.4 is the father-in-law and petitioner no.5 is another married sister-in-law (Nanad). They have neither made any dowry demand nor subjected the informant to cruelty over the dowry demand. They are living separately and have no concern with the affairs of the husband and the informant. The allegations levelled against them are not specific rather general and omnibus in nature. Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.25575 of 2019(2) dt.25-04-2019 3/3 Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 276 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T