Md. Aslam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33791 of 2016 Arising Out of PS.Case No. -115 Year- 2012 Thana -SAKRA District- MUZAFFARPUR ======================================================
1. Md. Aslam S/o Md. Hanif
2. Johara Khatoon W/o Md. Hanif
3. Md. Hanif @ Hanif Mian S/o Late Shamsher Mian All are resident of village - Maniyari, P.S. Sakra, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Sakra P.S. Case No. 115/12 for offences alleged under Sections 304-B/34 of the Indian Penal Code.
Allegation is that on information that her daughter has been killed by the petitioners and other in-laws informant along with villagers reached the matrimonial house of her daughter and found her dead body lying on a cot. She also found the sign of rope on her neck as well as sign of assault. She claimed the due to non-fulfilment of demand of dowry; her daughter has been killed by her husband and petitioner.
Patna High Court Cr.Misc. No.33791 of 2016 (2) dt.20-08-2016 2/3 It has been submitted by the learned counsel for the petitioners that petitioner no. 1 is the Dewar, petitioner no. 2 is the mother-in-law and petitioner no. 3 is the father-in-law of the deceased Sabnam Khatoon. He further submits that they are innocent, have not committed any offence and are living separately from the deceased and her husband. He further submits that the husband has since been arrested and is in custody since 14.06.2016 and general and omnibus allegation has been levelled against the petitioners. It has also been submitted that the petitioner nos. 2 and 3 are old persons, specifically, petitioner no. 3 is aged about 70 years and is suffering from many ailments.
However, learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since the husband has already been arrested and the petitioners are in-laws, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released 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 Sub-Judge, 13th cum A.C.J.M.,
Patna High Court Cr.Misc. No.33791 of 2016 (2) dt.20-08-2016 3/3 Muzaffarpur, in connection with Sakra P.S. Case No. 115/12, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T