Karmu Nisha @ Kamru Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33277 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

KARMU NISHA @ KAMRU NISHA W/o Ali Jan Mian, Resident of Village - Karimchak, P.S.- Town, Distt - Chapra at Saran. 2.

Rubi Khatoon D/o Ali Jan Mian, Resident of Village - Karimchak, P.S.- Town, Distt - Chapra at Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rehana Khatoon Wife of Munna Ansari, Resident of Village - Karimchak, P.S.- Town, Distt - Chapra at Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2021 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.47 of 2018 for the offences allegedly committed by the petitioners under Section 498(A) of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the petitioners are mother-in-law and sister-in-law of the complainant. The complainant alleged that Rubi Khatoon (petitioner no.2) tried to set her ablaze but the learned Judicial Magistrate found prima-facie case only under Section 498(A) of the I.P.C. and under Section 4 of the Dowry Prohibition Act. It is

Patna High Court CR. MISC. No.33277 of 2019(4) dt.03-03-2021 2/2 further submitted that the notice was issued to opposite party no.2 through ordinary process as well as under registered cover with A/D but till date opposite party no.2 did not appear. Learned counsel for the petitioners submits that he has got instruction that after compromise, the complainant is residing with her husband.

Having considered the facts aforesaid and the fact that the petitioners are mother-in-law and sister-in-law of the complainant, 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 S.D.J.M., Saran at Chapra in connection with Complaint Case No.47 of 2018 corresponding to Trial No.2444 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