Najma Khatoon And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.19146 of 2017 (6) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19146 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Najma Khatoon, Wife of Mukhtar Khan.

2. Ekbal Khan @ Abbas Khan, Son of Mukhtar Khan.

3. Hazra Khatoon @ Najra @ Najra Khatoon.

4. Sajra Khatoon @ Sabra @ Sabra Khatoon, Both daughters of Mukhtar Khan. All resident of Village- Bishambarur, P.S. Mehshi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate. For the Opposite Party/s : Mr. Sri Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mehshi P.S. Case No. 211 of 2016, registered under Section 304(B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of sprinkling kerosene at the deceased by her husband and in-laws due to non-fulfillment of demand of cash of Rs.1,00,000/- by the husband of the deceased, daughter of the informant, who died in course of treatment. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.19146 of 2017 (6) dt.28-07-2017 petitioner nos. 1 to 4 are mother-in-law, unmarried brother-in-law and unmarried sisters-in-law of the deceased, daughter of the informant. In fact, husband of the deceased, daughter of the informant, used to reside separate to the petitioners and other family members and they had no concerned about demand of dowry. It would appear from the F.I.R. that cash of Rs.1,00,000/- was demanded by the husband of the deceased but with ulterior motive the petitioners also have falsely been implicated in this case with false allegation.

Having regard to the facts and circumstances of the case, let the 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 the Additional Chief Judicial Magistrate-VI, Motihari, East Champaran, in connection with Mehshi P.S. Case No. 211 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T