Rozi Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35399 of 2020 Arising Out of PS. Case No.-251 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.
Rozi Khatoon, aged about 46 years, female, Wife of Akhtar Miya, R/o Village - Khaganibibi, P.S. - Goreyakothi, District - Siwan. 2.
Nsima Khatoon, aged about 28 years, female, Wife of Merajudin Ansari, R/o Village - Sarea, P.S. - Goreyakothi, District - Siwan. 3.
Shahima Khatoon, aged about 25 years, female, Wife of Munna Ansari, R/o Village - Malupur, P.S. - Panchrukhi, District - Siwan. 4.
Hamida Khatoon, aged about 22 years, female, Wife of Sultan Ansari, R/o Village - Khaganibibi, P.S. - Goreyakothi, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhramveer, Adv.
For the Opposite Party/s :
Mr. M.K. Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-03-2021 Mr. Dhramveer, learned Advocate for the petitioners seeks permission to withdraw this application with respect to petitioner Nos. 1 and 4, viz., Rozi Khatoon and Hamida Khatoon respectively, who have been arrested during the pendency of this application.
2/4 Prayer is allowed.
The application with respect to petitioner Nos. 1 and 4 is dismissed as withdrawn as having become infructuous.
Heard the counsel for the parties.
The petitioner Nos. 2 and 3, who are the married sister-in-laws of the deceased, seek bail in anticipation of their arrest in connection with Manjhagarh P.S. Case No. 251 of 2018, dated 21.08.2018, instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. A report was submitted by the S.H.O. of Manjhagarh Police Station that on secret information that a dead-body is lying in a ditch near the village Safapur, the place was searched and a half decomposed dead-body of a woman was found. Later, one Nurisa Bibi came to the police station and claimed to identify the deceased by her wearing apparel. On her statement and taking such identification to be correct, the husband and other family members of the deceased were made accused in this case. The mother of the deceased alleged that because of the deceased not being
3/4 treated well in her matrimonial home, she used to reside in her house for sometime but, later, she came to her matrimonial house only on the assurance that she would be kept properly. Later, her dead-body was recovered. The husband of the deceased, viz., Parwez Alam @ Prawej Alam @ Prawez Alam has been granted bail by a Bench of this Court vide order dated 21.08.2020 passed in Cr. Misc. No. 16044 of 2020. Some of the other accused persons of this case have also been released on bail by the same Bench by the common order dated 21.08.2020 which has been referred to above.
Since the petitioner Nos. 2 and 3, viz., Nsima Khatoon and Shahima Khatoon respectively are the married sister-in-laws of the deceased and there is nothing on record to connect them with the offence, they, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
4/4 Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 251 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Praveen-II/- U T