Aasma Khatun @ Rabri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30969 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== 1.

AASMA KHATUN @ RABRI Wife of Md. Gulam Rasul Mansuri Resident of Village - Gawaspur Tola, Gulariya Bigha, P.S.- Haspura, District - Aurangabad.

2.

Rani Pravin Daughter of Md. Gulam Rasul Mansuri Resident of Village - Gawaspur Tola, Gulariya Bigha, P.S.- Haspura, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2023 1.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State. 2.

The petitioners apprehend their arrest in connection with Haspura P.S. Case No. 359 of 2022, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. 3.

The allegation is regarding the accused persons having killed the deceased victim lady i.e. the sister of the informant, whose marriage was solemnized with one Md. Naushad Mansuri, on account of non-fulfillment of the demand for dowry. 4.

The learned counsel for the petitioners

Patna High Court CR. MISC. No.30969 of 2023(2) dt.14-07-2023 2/3 has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that while the petitioner no. 1 is the mother-in-law of the deceased victim lady, the petitioner no. 2 is the sister-in-law of the deceased victim lady and they have no complicity in the matter inasmuch as if any person might be responsible for the alleged occurrence, it might be the husband of the deceased victim lady, who is already behind bars.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no specific allegation has been levelled against the petitioners herein and the husband of

Patna High Court CR. MISC. No.30969 of 2023(2) dt.14-07-2023 3/3 the deceased victim lady is already behind bars, though I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, however, subject to verification of the fact as to whether the husband of the deceased victim lady is behind bars or not.

7.

Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Aurangabad in connection with Haspura P.S. Case No. 359 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T