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Patna High CourtCR. MISC./53721/2016bail granted

Sundari Khatoon @ Sudari Khatoon And ORS v. The State Of Bihar

2016-12-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53721 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -KASBA District- PURNIA ======================================================

1. Sundari Khatoon @ Sudari Khatoon, wife of Akbar Ali.

2. Anarul alias Anwarul @ Anrul

3. Md. Imamul @ Md. Enamul Haque @ Md. Inamul, Sl.No. 2 and 3 are sons of Akbar Ali, Sl. 1 to 3 are resident of Village- Alamnagar, Kanwapur, P.S. Kasba, District Purnea.

4. Anjar Ali @ Anjum, son of Md. Tanjil, resident of Village- Chimni Bazar, P.S. Sadar, District Purnea.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party : Mr. Ramesh Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Kasba P.S. Case No. 30 of 2016, registered for the offence punishable under Section 304(B), 149, 120(B)/34 of the Indian Penal Code.

Allegedly, Lalbanu Khatoon, the daughter of the informant was married to Md. Tarikh about eight months ago and allegedly due to non-fulfillment of demand of dowry of Rs. One lac and motorcycle, the husband and other in-laws used to torture her and ultimately killed her.

Patna High Court Cr.Misc. No.53721 of 2016 (2) dt.20-12-2016 2/2 Submission is of false implication and that petitioner no.1 is the mother-in-law whereas petitioner nos. 2 and 3 are Bhaisur and Dewar of the deceased, there is no specific allegation against them. The husband is already in custody. The father-in-law who was arrested has already been allowed bail and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes by submitting that against them also there is allegation for torturing and killing the deceased.

In the facts and circumstances as stated above, considering that the husband of the deceased is in custody, the father-in-law has already been allowed bail and as such, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released 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 learned Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 30 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T