Hajra Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59194 of 2021 Arising Out of PS. Case No.-65 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.
HAJRA KHATOON Wife of Late Md. Hadish Resident of VillageMusachak, P.S.- Bairgania, District- Sitamarhi. 2.
Sahin Khatoon W/o Md. Abrar Resident of Village- Musachak, P.S.- Bairgania, District- Sitamarhi.
3.
Sabista Khatoon W/o Md. Israr Resident of Village- Musachak, P.S.- Bairgania, District- Sitamarhi.
4.
Md. Abrar Son of Late Md. Hadish Resident of Village- Musachak, P.S.- Bairgania, District- Sitamarhi.
5.
Israr Son of Late Md. Hadish Resident of Village- Musachak, P.S.- Bairgania, Disdtrict- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gul Afsha Khatoon Wife of Irasad Resident of Village- Nawa Nagar Nijamat, P.S.- Sahebganj, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sahebganj P.S. Case no. 65 of 2021 instituted for the offence punishable under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code.
As per allegation in the FIR, petitioners along with his
Patna High Court CR. MISC. No.59194 of 2021(2) dt.29-04-2022 2/3 family members have tortured in various ways due to nonfulfillment dowry demand resulting into miscarriage of the informant and finally they ousted her after snatching her belongings.
Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is mother-in-law and petitioner nos 2 and 3 are sister-in-law and petitioner nos. 4 and 5 are brother-in-law of the informant. They have been falsely implicated in this case. They have never demanded any thing from the informant. They have no concern with the daily activity of the informant and her husband. They are living separately. The sole responsibility to take care of wife is upon husband of the informant and not against his family members. It is submitted by learned counsel for the petitioners that husband of the informant has already been granted bail by this Hon'ble Court.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a
Patna High Court CR. MISC. No.59194 of 2021(2) dt.29-04-2022 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Sahebganj P.S. Case no. 65 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U