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Patna High CourtCR. MISC./45077/2021bail granted

Rehana Khatoon v. The State Of Bihar

2021-12-20Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45077 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- RANIGANJ District- Araria ====================================================== REHANA KHATOON Wife of Md. Ekram Resident of Village - Dumariya, Ward No. - 06, P.S. - Raniganj, Dist.- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46698 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- RANIGANJ District- Araria ====================================================== 1.

MD. YAHAYA @ CHHOTKAN S/O MD. EKRAM 2.

Md. Ekram S/o Late Ismail Both are R/o village- Dumariya, Ward No. 06, P.S.- Raniganj, Distt.- Araria ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 45077 of 2021) For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv For the Opposite Party/s :

Mr.Ajit Kumar,APP (In CRIMINAL MISCELLANEOUS No. 46698 of 2021) For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv For the Opposite Party/s :

Mrs.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2021 Heard learned counsel for the parties in both the applications.

Let the defect(s), if any, be removed within two weeks after complete start of the physical Court.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of

Patna High Court CR. MISC. No.45077 of 2021(2) dt.20-12-2021 2/3 the Indian Penal Code.

The daughter of the informant was married in the family of the petitioners in the year 2004. Allegation is that she died in unnatural circumstances due to torture by the family members and the dead body was disposed of.

Submission is that the FIR does not disclose that the torture was due to non-fulfillment of any dowry demand. Husband of the victim is already in jail. Petitioners are victim of over implication.

Learned counsel for the informant opposed the prayer for bail.

Considering submission aforesaid and no direct material against the petitioners' involvement, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Raniganj Police Station Case No. 90 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the

Patna High Court CR. MISC. No.45077 of 2021(2) dt.20-12-2021 3/3 following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Nitesh/- U T