Amirun Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55668 of 2021 Arising Out of PS. Case No.-269 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Amirun Nisha W/O Late Md. Sattar R/O Village-Telbihta, P.S-Saraiya (JAITPUR O.P), District-Muzaffarpur.

2.

Md. Ajaj S/O Late Md. Sattar R/O Village-Telbihta, P.S-Saraiya (JAITPUR O.P), District-Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks. The petitioners are apprehending their arrest in connection with Saraiya (Jaitpur O.P.) P.S. case No.269/18 registered under Sections 341, 323, 304(B), 504, 506/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners caused death of the daughter of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court CR. MISC. No.55668 of 2021(2) dt.01-11-2021 2/2 petitioners have falsely been implicated in this case. The petitioner No.1 is mother-in-law and petitioner No.2 is brother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the husband of the deceased. The case has been instituted after eight years of the marriage. Hence, offence under Section 304(B) of I.P.C. is not attracted in this case.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV (West), Muzaffarpur in connection with Saraiya P.S. case No.269/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T