Shahjahan Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28725 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -BARAULI District- GOPALGANJ ======================================================
1. Shahjahan Khatoon W/o - Hafiz Mian
2. Hafiz Mian Son of Late Molazim Mian
3. Samsul Khatoon Wife of Eshaque Ali @ Eshaque Ansari
4. Eshaque Ali @ Eshaque Ansari Son of Hafiz Mian All residents of Village Fatehpur, P.O. + P.S. - Barauli, Distt - Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shafiur Rahman For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 The petitioners are apprehending their arrest in Barauli P.S. Case no.16 of 2015 for the offences under Section 304 (B) of the I.P.C.
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The prosecution case, in short, is that the marriage of the sister of the informant was solemnized with accused Irshad Ali in accordance with Muslim custom. After some time all accused persons including husband used to torture and assault her for dowry and ultimately, on account of non-fulfillment of the same they killed her.
On behalf of the petitioners it is submitted that
Patna High Court Cr.Misc. No.28725 of 2015 (2) dt.23-07-2015 2/2 petitioner no.1 is mother-in-law, petitioner no.2 is father-in-law, petitioner no.3 is Gotani and petitioner no.4 is Bhainsur of the deceased. It is further submitted that the petitioner are separate in mess and property from the husband of the deceased. The petitioners have got no criminal antecedent.
On behalf of the State it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Gopalganj, in Barauli P.S. Case No.16 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sudhir Singh, J) AnilKrSinha/- U T