Taiyar Khatoon And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22723 of 2015 Arising Out of PS.Case No. -58 Year- 2014 Thana -MAHILA PS District- GOPALGANJ ======================================================
1. Taiyar Khatoon Wife of Serajuddin @ Dhondha
2. Serjuddin @ Dhondha Son of Aziz Mian
3. Reshmi Wife of Mokhtarul
4. Jakir Son of Serajuddin @ Dhondha
5. Azad @ Md. Azad Son of Mumtaz Ali
6. Jane Alam Son of Munna
7. Munna Son of Serajuddin @ Dhondha
8. Mumtaz Son of Serajuddin @ Dhondha All Resident of village - Sahdullapur, P.S. + District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and the State. The petitioner are apprehending his arrest in a case instituted under Sections 376/(2)(f)(k), 498(A), 406/34 of the Indian Penal Code.
The prosecution story, in brief, is that the daughter of the informant, who is dumb, was married to Abid Hussain, the son of petitioner no.2 in the year 2006 in accordance with Muslim Religion and Rituals. It is alleged that on 21.12.2014, the accused persons kicked out the victim after assaulting her saying that she was carrying illicit pregnancy. The son-in-law of the informant has been residing in foreign country for about one and half years. When the informant forcibly asked her dumb daughter, she disclosed the name of petitioner nos. 2 and 4, who used to commit rape on her in night by way of signal.
Patna High Court Cr.Misc. No.22723 of 2015 (3) dt.21-09-2015 2/2 It has been submitted on behalf of the petitioners that petitioner no.1 is the mother-in-law, petitioner no.2 is the father-in-law, petitioner no.3 is the Nanad, petitioner no.4 is the Devar, petitioner no.5 and 6 are the nephews of the victim and petitioner nos.7 and 8 are the Bhaisoors of the victim. It has been submitted on behalf of the petitioners that there is compromise between the parties, vide Annexure 2 to the present application.
On behalf of the State, it has been submitted that the petitioners are named in the FIR.
Considering the aforesaid facts, let the above named petitioner, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned S.D.J.M., Gopalganj in connection with Gopalganj (Mahila ) P.S.Case No. 58 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T