Sayra Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35989 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== 1.

Sayra Khatoon W/O Seraj Miya @ Seraj Alam R/O Village- Khairwa, P.SChhauradano, Distt.- East Champaran. 2.

Seraj Miya @ Seraj Alam S/O Sudhhu Miya @ Sudhu Miyan R/O VillageKhairwa, P.S- Chhauradano, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Adapur P.S. Case No. 296 of 2023 dated 01.10.2023, instituted for the offence punishable under Sections 304B, 34 of the Indian Penal Code.

3. The prosecution story, in short, is that, the marriage of informant's daughter was solemnized with Dilshad Alam. After some months of the marriage, the accused including the petitioners started demanding dowry and started torturing her for non-fulfillment of their demand. After 30.09.2023, the informant could not talk to her daughter so, she along with other

Patna High Court CR. MISC. No.35989 of 2024(2) dt.26-06-2024 2/3 accused persons reached at her matrimonial house, where she found her daughter lying dead, the informant apprehended that all the accused persons including the petitioners have committed murder of her daughter by wrapping rope around her neck.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioner no. 1 is the married sister of the husband of the deceased (Nanad) and petitioner no. 2 is the husband of petitioner no. 1. It is further stated that petitioners live separately and they have no concern with the alleged occurrence; they have been falsely implicated in this case only because they happen to be family members of husband of the deceased. It is further stated that there is no specific allegation against the petitioners. It is next submitted that petitioners do not live with the family of the deceased, they are resident of Village- Khairwa, P.S.- Chhauradano.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Adapur P.S. Case No.

Patna High Court CR. MISC. No.35989 of 2024(2) dt.26-06-2024 3/3 296 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T