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Patna High CourtCR. MISC./34283/2022bail granted

Hasina Khatoon v. The State Of Bihar

2022-11-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34283 of 2022 Arising Out of PS. Case No.-384 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Hasina Khatoon W/O Rafique Sai Resident Of Village- Fataha, Police Station- Gopalganj Town, District- Gopalganj. 2.

Arshad Sai @ Arshad Ali @ Md. Arshand Ali S/O Rafique Sai Resident Of Village- Fataha, P.S.- Gopalganj Town, District- Gopalganj. 3.

Sattar Sai @ Sattar Miyan S/O Late Chedi Sai Resident Of Village- Fataha, P.S.- Gopalganj Town, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304B/302,120B/364 of the Indian Penal Code.

As per the prosecution case, petitioners and other family members caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.34283 of 2022(2) dt.15-11-2022 2/2 petitioners and no specific overt act has been alleged against them who happen to be mother-in-law, brother-in-law and father-in-law of the deceased. They are separate in mess and business and have no concern with the affairs of the deceased and her husband. Thrust of allegation is against the husband of the deceased, who is already in custody.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Gopalganj Nagar Police Station Case No. 384 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T