Bibi Hasiba Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32918 of 2020 Arising Out of PS. Case No.-363 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

BIBI HASIBA KHATOON W/o Injur R/o village- Gadhiya Ghat, P.S.- K. Nagar, District- Purnea 2.

Bibi Layoni Khatoon W/o Sabbir R/o village- Gadhiya Ghat, P.S.- K. Nagar, District- Purnea 3.

Bibi Ajiwan Khatoon W/o Aslam Ali R/o village- Gadhiya Ghat, P.S.- K. Nagar, District- Purnea 4.

Bibi Safeda Khatoon W/o Ushman Ali R/o village- Gadhiya Ghat, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2021 Heard both sides.

The petitioners apprehend their arrest in K.Nagar P.S. Case No.363 of 2019 registered under Sections 304B and 34 of the Indian Penal Code.

The informant (father of the deceased) alleged that he got his daughter married with Md. Injamul Haque @ Saddam four years ago but after marriage, her husband and other in-laws started torturing her. The informant further alleged that on 16.09.2019 he got information that the accused persons killed his daughter. Having received such information, he went to the

Patna High Court CR. MISC. No.32918 of 2020(2) dt.12-03-2021 2/3 house of his daughter. The accused persons were found absconding. His daughter was lying dead. There was swelling and ligature mark around her neck. The informant further alleged naming the petitioners and other accused persons that they all killed his daughter.

Learned counsel for the petitioners submits that the petitioners are sisters-in-law (gotanies) of the deceased. The petitioners have no manner of concern with the family affairs of the deceased and her husband. Md. Aslam and Mujebur have already been granted anticipatory bail by a coordinate bench of this court vide order dated 27.01.2021 passed in Cr.Misc.No.31540 of 2020. The petitioners, who are ladies, have got better case than the accused persons, who have been enlarged on anticipatory bail.

Having considered the submissions and on perusal of the F.I.R, it appears that the informant named all the family members of the husband of the deceased. The petitioners are sisters-in-law of the deceased but no specific allegation is made against the petitioners. The marriage was solemnized four years ago and during that period neither the deceased nor her father made any allegations of demand of dowry and torture against the petitioners.

Patna High Court CR. MISC. No.32918 of 2020(2) dt.12-03-2021 3/3 Taking into consideration the facts aforesaid, the petitioners, above named, 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia in connection with K. Nagar P.S. Case No.363 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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