Baby Khatoon And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43874 of 2015 Arising Out of PS.Case No. -190 Year- 2015 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Baby Khatoon Wife of Momtaz Khan,

2. Hanney Khatoon @ Kuisum naz,

3. Heena Khatoon, Both Daughters of Momtaz Khan, Petitioners No. 1 & 3 are resident of village - Basantpur P.S. - Mirganj, District - Gopalganj and Petitioner No. 2 is resident of village - Makdumsarai, P.S. - Siwan, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2015 Heard both sides.

The petitioners apprehend their arrest in Mirganj P.S. Case No. 190/2015, registered for the offences punishable under Section 304B and 201 of the Indian Penal Code. The informant brother of the deceased alleged that his sister was married to Irshad Khan @ Bablu on 16.04.2012, but her husband and other family members started demanding Scorpio. His sister was pregnant. Thereafter, her husband and brother-inlaw went to foreign country. It is submitted that the petitioners were not providing food to his sister and the accused persons brought his sister and

Patna High Court Cr.Misc. No.43874 of 2015 (3) dt.17-12-2015 2/2 dropped near his house. The informant took her to hospital, but during the course of treatment she died.

It is submitted that the petitioners have no manner of concern with the family affairs of Irshad Khan and his wife and petitioners are wife and daughters of Momtaz Khan elder brother of the husband of the deceased. The sister of the informant died in the hospital on 15.06.2015, even the informant was present. No case was ever lodged against the petitioners for torturing the deceased.

Considering the facts aforesaid, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 190/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T