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Patna High CourtCR. MISC./62583/2021bail granted

Sabika Parween @ Sabeka Parween v. The State Of Bihar

2022-08-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62583 of 2021 Arising Out of PS. Case No.-212 Year-2021 Thana- ARARIA District- Araria ====================================================== 1.

SABIKA PARWEEN @ SABEKA PARWEEN W/o Asfarul @ Asfaque Resident of Village - Gaiyari, P.s.- Araria, Dist.- Araria. 2.

Kharesa Parween @ Kahkashan D/o Asraful @ Ashaque Resident of Village - Gaiyari, P.s.- Araria, Dist.- Araria.

3.

Gajala Parween @ Gazala Khatoon W/o Asfarul @ Asfaque Resident of Village - Gaiyari, P.s.- Araria, Dist.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Learned counsel for the petitioners is permitted to make necessary correction in the name of the father of the petitioners.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.3, namely, Gajala Parween @ Gazala Khatoon as she died during pendency of this application.

Permission is accorded.

Accordingly, the petition of petitioner no.3, namely, Gajala Parween @ Gazala Khatoon is dismissed as withdrawn. Heard learned counsel for the petitioner nos.1 and 2

Patna High Court CR. MISC. No.62583 of 2021(3) dt.25-08-2022 2/3 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 326 and 304(B)/34 of the Indian Penal Code.

It is a case of dowry death due to non-fulfilment of dowry demand by the in-laws of the family.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that petitioners are Nanad of the deceased and they have no concern with the mess and business of the deceased and the husband of the deceased, namely, Md. Ashique is in judicial custody and the main responsibility is fixed upon the husband of the deceased. Petitioners have clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Sabika Parween @ Sabeka Parween and Kharesa Parween @ Kahkashan, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria

Patna High Court CR. MISC. No.62583 of 2021(3) dt.25-08-2022 3/3 in connection with Araria P.S. Case No. 212 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U