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Patna High CourtCR. MISC./37512/2014bail granted

Faiz Ahmad Khan @ Faiz Khan And ORS. v. The State Of Bihar

2015-05-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37512 of 2014 Arising Out of P.S. Case No. -7 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Faiz Ahmad Khan @ Faiz Khan Son of Late Azizur Rahman

2. Shaista Khatoon @ Shaista Rahman Wife of Late Motiur Rahman

3. Raushan Aara Begum @ Raushan Ara Khatoon @ Rashon Arra Khatoon Wife of Late Azizur Rahman All resident of Village - Barahni Bazar, Police Station - Siwan (Mufassil), District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amir Alam For the Opposite Party/s : Mr. S.N. Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 304(B) of the Indian Penal Code.

The petitioners are husband, sister-in-law and mother-in-law of the deceased Memtara Khatoon. The brother of the deceased made allegation that his sister was burnt to death due to non-fulfillment of demand of dowry. It is submitted that Siwan Mufassil Sanha No. 183 dated 07.04.2013 was registered on the basis of the Fardbeyan of the deceased, who disclosed that she caught fire while cooking food. The deceased had three children. All the witnesses have stated that the husband of the deceased was residing in Arab country and he was not present on the date of

Patna High Court Cr.Misc. No.37512 of 2014 (5) dt.19-05-2015 2/2 occurrence. The husband came on 12.04.2013 on being informed about the death of his wife.

Having considered the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in Siwan (M) P.S. Case No. 07/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T