Alkumi Bano @ Chando Bibi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15572 of 2016 Arising Out of PS.Case No. -550 Year- 2015 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Alkumi Bano @ Chando Bibi w/o Akhtar Ali Resident of C/o Mahboobul Haque, Khajpura, P.S. Hawai Adda, District - Patna.

2. Hina Ali @ Hina Tabassum D/o Akhtar Ali Resident of C/o Mahboobul Haque, Khajpura, P.S. Hawai Adda, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16292 of 2016 Arising Out of PS.Case No. -550 Year- 2015 Thana -SHASTRINAGAR District- PATNA ====================================================== Akhtar Ali Son of Razzaque Ali, Resident of C/o Mahboobul Haque, Khajpura, P.S. Hawai Adda, District- Patna .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.15572 of 2016) For the Petitioner/s : Mr. Pawan Kumar Singh, Adv. For the Opposite Party/s : Mr. Abhay Kumar Roy (App) (In Cr.Misc. No.16292 of 2016) For the Petitioner/s : Mr. Pawan Kumar Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-06-2016 Heard learned counsels for the petitioners and the State. The petitioners being the mother, sister and father of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 326, 307, 498A and

Patna High Court Cr.Misc. No.15572 of 2016 (3) dt.21-06-2016 2/3 304B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The prosecution case is of killing the daughter of the informant after five years of the marriage for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioners claim to be separate from the husband of the victim and maliciously the petitioners have been roped in the present case.

However, it is submitted by learned counsels for the informant and state that the victim's statement has been recorded in paragraph no.2 of the case diary where she specifically alleged that all the accused persons including the petitioners came to the rented house of the victim when victim's mother-in-law Alkumi Bano poured kerosene oil when the sister-in-law Hina Ali lit fire. It is further submitted that the statement of the landlord of the victim has been recorded in paragraph no.9 of the case diary where he also stated that the victim was crying and accusing the petitioners and others, though, she was alleging specific accusation against mother-in-law and sister-in-law. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioners.

Patna High Court Cr.Misc. No.15572 of 2016 (3) dt.21-06-2016 3/3 Accordingly, the prayer for anticipatory bail is rejected in connection with Shastri Nagar P.S. Case No. 550 of 2015 pending in the court of learned JM, Patna.

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