Gulshan Khatoon And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50759 of 2015 Arising Out of PS.Case No. -246 Year- 2002 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Gulshan Khatoon, W/o Sattar @ Md. Sattar Miyan, resident of villageTemtha, P.S.- Parbatta, District- Khagaria

2. Md. Ishmul, S/o Sattar @ Md. Sattar Miyan, resident of villageTemtha, Police Station- Parbatta, District- Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Arhula Khatoon, W/o Mohammad Yunus, resident of village- Sahori, Police Station- Bihpur, District- Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioners and the State.

Petitioners being the mother and brother of the husband of the victim are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 304B, 201, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Accusation is of killing the pregnant daughter of the informant for non-fulfillment of dowry demand within two years of marriage and disposing of the dead body. It is submitted by the learned counsel for the petitioners that though the Complaint was filed in 2002 and

Patna High Court Cr.Misc. No.50759 of 2015 (2) dt.03-11-2015 the processes have been issued in 2003, but never any processes have been served or executed against the petitioners and warrant has been issued only in 2014. The petitioner no. 1 is an aged lady.

Considering the fact that the Complaint was filed in 2002 and cognizance was taken in 2003, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 246C of 2002, pending in the court of learned Sub-Divisional Judicial Magistrate, Khagaria. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T