Saleya Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2898 of 2016 Arising Out of PS.Case No. -514 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Saleya Khatoon Wife of Late SK. Anwari

2. Hitler Sheikh Son of SK. Master

3. Sahabun Khatoon Wife of Hitler Sheikh Resident of village - Bathana, P.S. Majhauliya, District - West Champaran

4. Sameena Khatoon Wife of SK. Noor Hasan

5. SK. Noor Hasan @ Noor Hasan Son of SK. Darud

6. SK. Mumtaz Son of Late SK. Guljar

7. Sabujan Khatoon Wife SK. Mumtaj All four are resident of village - Bairangiya, P.S. Balthar, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 Heard learned counsels for the petitioners and the State. The petitioners being the mother, brothers-in-law and married sisters of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand. It is specifically alleged that on 15.09.2015, accused persons abused, assaulted and tried to throttle the informant.

Patna High Court Cr.Misc. No.2898 of 2016 (2) dt.19-01-2016 2/2 It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. There is no injury report on record. For the occurrence of 15.09.2015, the FIR was lodged on 26.11.2015. The petitioners claim to be separate from the husband of the informant.

Considering the thrust of accusation against the husband of the informant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 514 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T