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Patna High CourtCR. MISC./55586/2016bail granted

Khairatan Nisha And ORS v. State Of Bihar And ANR

2017-01-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55586 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Khairatan Nisha, Wife of Late Aliyas Ahmad.

2. Shamma Khatoon, Wife of Khurshed Khan.

3. Noor Sabha Khatoon, Wife of Samsul Hoda All are resident of Village- Bishwambharpur, P.S.- Pachrukhi, DistrictSiwan. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nasrin Khatoon, Daughter of Md. Pharookh Siddique, Resident of Village - Hasanpur, P.S. H.H. Nagar, Distrct- Siwan. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajiv Kumar, Advocate. For the Opposite Party/s : Ms. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2017 Heard both sides.

The petitioners, namely, Khairatan Nisha, Shamma Khatoon and Noor Sabha Khatoon apprehend their arrest in Pachrukhi (M.H. Nagar) P.S. Case No. 148/2016 registered under Section 498A and other sections of the Indian Penal Code and Sections 3 / 4 of the D.P. Act.

Nasreen Khatoon, the informant, made allegation of demand of dowry and torture and she also alleged that Khurshid Khan, her brother-in-law, committed rape with her and when her sister-in-law and mother-in-law came, they also demand dowry. It is submitted that the petitioners are the mother-in-law and the sister-in-law of the informant and they never demanded any dowry

Patna High Court Cr.Misc. No.55586 of 2016 (2) dt.11-01-2017 2/2 nor tortured the informant.

Considering the facts aforesaid and the fact that the petitioners are the mother-in-law and the sister-in-law of the informant, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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 the learned Chief Judicial Magistrate, Siwan in Pachrukhi (M.H. Nagar) P.S. Case No. 148/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T