Jairul Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43875 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== 1.

JAIRUL NISHA Wife of Md. Abdul Hamid Resident of Village - Harpur Rai, P.S.- Harsiddhi, District - East Champaran 2.

Nagma Khatoon Daughter of Md. Abdul Hamid Resident of Village - Harpur Rai, P.S.- Harsiddhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in Harsidhi P.S. Case No. 455 of 2020 registered for the offence under Section 304B/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner Nos. 1 & 2 are mother-in-law and sister-in-law of the

Patna High Court CR. MISC. No.43875 of 2021(2) dt.17-08-2021 2/2 deceased respectively. They are separate in mess and property from husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 455 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T