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Patna High CourtCR. MISC./16318/2015disposed

Farid Sheikh And ORS v. The State Of Bihar

2015-06-02Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16318 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -CHAKAI District- JAMUI ======================================================

1. Farid Sheikh, Son of Paigam Sheikh

2. Ishak Sheikh, Son of Paigam Sheikh

3. Karu Sheikh @ Moiam, Son of Paigam Sheikh

4. Mokim Sheikh @ Mofij, Son of Paigam Sheikh

5. Harun Sheikh, Son of Paigam Sheikh

6. Khurshid Sheikh, Son of Md. Ishak Sheikh

7. Kudush Sheikh @ Kaduh Sheikh, Son of Md. Ishak Sheikh

8. Jahangir Sheikh, Son of Md. Ishak Sheikh

9. Samja Khatoon, D/o Paigam Sheikh All resident of Village- Garia, P.S Chanan, District Banka.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2015 In view of submission of learned counsel for the petitioners, application of the petitioner nos. 6 and 7 is dismissed as withdrawn.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chakai P.S. Case No. 65 of 2014 registered under Sections 304(B) and 120(B) of the Indian Penal Code. The allegation against the petitioners is of killing of the daughter of the informant due to non-fulfillment of demand of dowry.

Patna High Court Cr.Misc. No.16318 of 2015 (3) dt.02-06-2015 2/3 Learned counsel appearing on behalf of the petitioners submits that petitioners no. 1 to 5 are brother of husband of the deceased and petitioner no. 8 is nephew and 9 is married sister-in-law of the deceased, Ruksana Khatoon, daughter of the informant and they have falsely been implicated in this case due to put undue pressure, as the petitioners are residing separately to Sahjjad Sheikh, husband of the deceased. It is also submitted that it would appear from the complaint petition, which is the basis of F.I.R., that the Sahjjad Sheikh, husband of the deceased had gone to his Sasural at the marriage of his sister-in-law where he asked to the deceased about nonfulfillment of demand of dowry and he returned his house on 23.11.2013 along with his family, but the complaint petition has been filed by the informant on 05.02.2014, after more than two months, only to give undue pressure.

Having considered the facts and circumstances of the case, let the above named petitioner nos. 1 to 5, 8 and 9 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Jamui in connection with Chakai

Patna High Court Cr.Misc. No.16318 of 2015 (3) dt.02-06-2015 3/3 P.S. Case No. 65 of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U T