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Patna High CourtCR. MISC./40582/2021partly allowed disposal

Gulsan Begam v. The State Of Bihar

2022-01-21Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40582 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- PANAPUR District- Saran ====================================================== 1.

GULSAN BEGAM Wife of Late Taiyab Alam @ Tabab Alam Resident of Village - Rasauli, Darji Tola, P.S. - Panapur, District - Saran at Chapra. 2.

Samim Alam Son of Late Taiyab Alam @ Tabab Alam Resident of Village - Rasauli, Darji Tola, P.S. - Panapur, District - Saran at Chapra. 3.

Kaida Begam Wife of Samim Alam Resident of Village - Rasauli, Darji Tola, P.S. - Panapur, District - Saran at Chapra.

4.

Karim Alam Son of Late Taiyab Alam @ Tabab Alam Resident of Village - Rasauli, Darji Tola, P.S. - Panapur, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons including the four petitioners herein are stated to have assaulted and tortured the daughter of the informant for dowry and ultimately she was done to death.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.40582 of 2021(3) dt.21-01-2022 2/3 petitioners that the petitioners have been falsely implicated in the case. The four petitioners are the mother-in-law, the elder brother of the husband, the wife of the elder brother of the husband and the younger brother of the husband of the deceased. It is submitted that the allegations are general and omnibus in nature. The petitioners are in custody since 12.2.2021 and have no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation and the period in custody, the Court is not inclined to enlarge the petitioner nos. 2 and 4 on bail and their application is rejected.

Liberty is granted to petitioner nos. 2 and 4 to renew their prayer for bail after six months.

The petitioner no.1 and petitioner no.3 being ladies and having remained in custody for more than 11 months, are directed to be enlarged on bail in connection with Panapur P.S. Case no. 35 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1,

Patna High Court CR. MISC. No.40582 of 2021(3) dt.21-01-2022 3/3 Saran at Chapra.

(Partha Sarthy, J) Bibhash/- U