Soni Begum @ Soni And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10953 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -MAHILA P.S. District- PATNA ======================================================

1. Soni Begum @ Soni daughter of Late Pir Mohammad, resident of Mohalla-Nariyal Ghat Major Gali Takiyapar, P.S.-Danapur, DistrictPatna

2. Bano Begum @ Bano Khatoon, wife of Haider Ali, resident of Adarsh Colony, Khagaul, P.S.-Khagaul, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gautam Shah For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Petitioners being sisters of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is alleged against the petitioners that petitioners being sisters of the husband of the informant used to instigate for demand of rupees one lac and were instrumental in driving out the informant from her matrimonial house.

It is submitted by learned counsel for the petitioners that petitioner No. 2 resides at a different place and petitioners have never indulged in the affairs of the informant and her husband.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.10953 of 2016 (2) dt.04-03-2016 2/2 informant that petitioners were instrumental in driving out the informant from her matrimonial house.

Considering the fact that thrust of accusation is against the husband of the informant, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Mahila P.S. Case No. 32 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioners shall be accepted on filing separate affidavit that they will not interfere in the affairs of the informant and her husband and will allow the informant to enjoy her husband's share of property in the matrimonial house. The said affidavit will be transmitted to the concerned police station by learned Court below. (Dinesh Kumar Singh, J) Shageer/- U T