Hasina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8397 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

HASINA KHATOON W/o Late Baharan Sai @ Baharan Sah Resident of Village - Bahora Tola Chhawahin Shekh Tolwa, P.S.- Manjhagarh, Distt.- Gopalganj.

2.

AMNA KHATOON D/o Late Baharan Sai @ Baharan Sah Resident of Village - Bahora Tola Chhawahin Shekh Tolwa, P.S.- Manjhagarh, Distt.- Gopalganj.

3.

MERAJ @ MERAJ ALI Son of Late Baharan Sai @ Baharan Sah Resident of Village - Bahora Tola Chhawahin Shekh Tolwa, P.S.- Manjhagarh, Distt.- Gopalganj.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B & 120B/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.8397 of 2021(3) dt.07-02-2022 2/3 The petitioners along with other co-accused are said to have tortured and killed the daughter of the informant on non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case with a view to extort money from them. As a matter of fact, the deceased was living in her 'Maike' and her husband regularly sent money from the foreign country in the name of complainant. The money receipt has been annexed as Annexure-4 to this application. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is mother-in-law, petitiner no.2 is unmarried Nand and petitioner no.3 is the Devar of the deceased and they are living separately from the husband of the deceased. The husband of the deceased has been enlarged on bail vide order dated 13.01.2022 passed in Cr. Misc. No. 20919 of 2021 by this Court.

Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.8397 of 2021(3) dt.07-02-2022 3/3 of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Manjhagarh P.S. Case No.275 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T