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Patna High CourtCR. MISC./45515/2016bail granted

Munni Khatoon @ Saiyada Khatoon And ORS v. The State Of Bihar

2016-10-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45515 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Munni Khatoon @ Saiyada Khatoon, D/o- Md. Yunush.

2. Saghara Khatoon @ Sogara Khatoon, W/o- Emamuddin Ansari.

3. Talahun Nisha, W/o- Md. Yunus, All are resident of Village-Gaur, P.S. Maharajganj, District Siwan.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

Petitioner no. 1 is sister in law, petitioner no. 2 is gotini and petitioner no. 3 is mother is law of the deceased and all the petitioners are languishing in jail custody since 29.06.2016. The date and year of marriage has not been disclosed in the written report of informant but in spite of that the concerned Officer in charge lodged the present case under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of D.P. Act. The impugned order goes to show that cause of death of the

Patna High Court Cr.Misc. No.45515 of 2016 (2) dt.19-10-2016 2/2 deceased was asphyxia due to strangulation. Moreover, no specific overt-act has been attributed against these petitioners, who are ladies.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No. 126 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T