Asama @ Asma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43375 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- PATORI District- Samastipur ====================================================== 1.

Asama @ Asma Khatoon W/o Md. Sakur R/o village- Mohanpur, P.S.- Patory, District- Samastipur 2.

Md. Sakur S/o Md. Rafik R/o village- Mohanpur, P.S.- Patory, DistrictSamastipur 3.

Md. Moin @ Chhotu @ Md. Ayum @ Moin @ Md. Ajum S/o Md. Sakur R/o village- Mohanpur, P.S.- Patory, District- Samastipur 4.

Munni Khatoon @ Mobina Khatoon @ Munni W/o Md. Sabir Resident of Pokhara, Raghopur Varsanda, Vaishali, P.S. Patepur, District- Hajipur 5.

Sahana Khatoon W/o Md. Afagal Resident of Bingama, Jalalpur, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mishra For the Opposite Party/s :

Mr. Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Patory P.S. Case No. 69 of 2019 registered for the offence punishable under Sections 302/34, 201 of the Indian Penal Code.

Daughter of the informant is said to have been eliminated by the petitioners along with other accused persons and her dead body has been concealed to some unknown place

Patna High Court CR. MISC. No.43375 of 2019(3) dt.09-09-2019 2/3 over dowry demand.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case merely because they happen to be in-laws of the deceased. Petitioner no. 1 Asama @ Asma Khatoon happen to be motherin-law, petitioner no. 2 Md. Sakur father-in-law, petitioner no. 3 Md. Moin @ Chohotu @ Md. Ayum @ Moin @ Md. Ajum brother-in-law, petitioner no. 4 Munni Khatoon @ Mobina Khatoon @ Munni is the gotni and petitioner no. 5 Sahana Khatoon is the married daughter-in-law of the deceased. They are living separately from the husband and the deceased and have no concern with their affairs. Allegation levelled against the petitioners is not specific rather general and omnibus in nature. As per the account of witnesses as examined in paragraphs 9 and 10 of the case diary, there is specific allegation against the husband of the deceased of extending threatening of dire consequence to the deceased over dowry demand and performing second marriage by him.

On the other hand, learned APP and learned counsel for the informant opposed the bail prayer of the petitioners. In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.43375 of 2019(3) dt.09-09-2019 3/3 above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 learned A.C.J.M. IV, Samstipur in connection with Patory P.S. Case No. 69 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T