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Patna High CourtCR. MISC./55244/2016bail granted

Sairul Khatoon @ Sairun Khatoon @ Mehrun Nisha @ Mairun Khatun And ORS v. The State Of Bihar

2016-12-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55244 of 2016 Arising Out of PS.Case No. -180 Year- 2016 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Sairul Khatoon @ Sairun Khatoon @ Mehrun Nisha @ Mairun Khatun, wife of Md. Shakil,

2. Md. Shakil @ Shakil Ahamad, Son of Md. Riyaz Hussain @ Riyasat Hussain,

3. Tabassum Gulnaj @ Gulnaj, wife of Md. Wasim, All resident of Villge- Simari Tole, Reyasat, P.S.- Raj Nagar, DistrictMadhubani. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-12-2016 Heard Sri Gagan Deo Yadav, learned counsel for the petitioners and Sri Aditya Narayan Singh, learned Addl. Public Prosecutor.

Three petitioners, other than the husband of the complainant/informant, have approached this Court with a prayer to grant anticipatory bail in Raj Nagar P.S. Case no.180 of 2016 registered for the offence under Sections 341, 323, 498(A), 379, 504 of the Indian Penal Code and Sections 3 /4 of the Dowry Prohibition Act.

It was submitted by learned counsel for the petitioners that the present case has been instituted on the basis of

Patna High Court Cr.Misc. No.55244 of 2016 (2) dt.23-12-2016 2/2 complaint vide Complaint Case no. 447/2016. Subsequently, it has been referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure. He submits that on going through the F.I.R. it is evident that the petitioners are not in-laws of the informant. It has been argued that mainly allegation has been made against the husband of the informant.

Considering the facts and circumstances, particularly the fact that the petitioners are not closely related with the informant, there is no reason to deny the privilege of anticipatory bail. Accordingly, let the aforesaid three petitioners, namely, (i) Sairul Khatoon @ Sairun Khatoon @ Mehrun Nisha @ Mairun Khatun (ii) Md. Shakil @ Shakil Ahmad and (iii) Tabassum Gulnaj @ Gulnaj , in the event of their arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Vikas Jha, J.M.1st Class, Madhubani in connection with Raj Nagar P.S. Case no.180 of 2016 subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure.

NKS/- (Rakesh Kumar, J) U T