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Patna High CourtCR. MISC./9964/2015disposed

Amirul Nisha v. The State Of Bihar

2015-04-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9964 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -SIMRI District- DARBHANGA ====================================================== Amirul Nisha Wife of Late Md. Haroon .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeet Kumar, Advocate For the Opposite Party/s : Mr. C.Sen Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner being mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 498A and 302/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant within after 15 years of marriage by putting her on fire. It is submitted by learned counsel for the petitioner that the specific accusation is against the husband whereas it reflects from the FIR that marriage was performed 15 years ago and from the wedlock of the victim and her husband five children were born, hence no case under section 498A of the Indian Penal Code is made out.

Patna High Court Cr.Misc. No.9964 of 2015 (2) dt.22-04-2015 2/2 The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Simri P.S. Case No.109 of 2014, pending before the Chief Judicial Magistrate, Darbhanga.

With the above observation, this application is, accordingly, disposed off.

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