Julekha Khatoon @ Dolly v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56252 of 2019 Arising Out of PS. Case No.-3 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== JULEKHA KHATOON @ DOLLY, Female, aged about 32 years, daughter of Md. Sayyum, Resident of Ward No. 12, Langra Chowk, P.S.- Jhanjharpur, District - Madhubani at present residing at A/P Block, B Road- 1, Jayanti 3E Park, Vastubihar, Phase- II, P.S.- Gobindpur, District - Dhanbad (Jharkhand). ... ... Petitioner
Versus
1.
The State of Bihar.
2.
Central Bureau of Investigation, Patna, Bihar. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Y.C. Verma, Sr. Advocate and M/S.
Shivnandan Bharti and Shivesh Kumar Singh, Advocates.
For the State :
Mr.Arun Kumar Singh, A.P.P.
For the C.B.I. : Mr. Bipin Kumar Sinha, S.C. C.B.I. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2019 Heard learned senior counsel for the petitioner, learned counsel for the C.B.I. and learned counsel for the State. The petitioner is languishing in custody since 12.07.2019 in a case for the offence registered under Sections 498(A), 363 and 368/34 of the IPC in which final report was submitted under Sections 120(B), 304(B), 364, 498(A), 344, 201 of the IPC and Sections 3⁄4 of the Dowry Prohibition Act. The prosecution story, in brief, is that Shabnam Ara, the sister of the informant, was married to co-accused Feroz Ahmad on 15.01.2006 according to Muslim rites and rituals. Thereafter she went to her matrimonial home, but to her surprise
Patna High Court CR. MISC. No.56252 of 2019(2) dt.05-09-2019 2/3 and agony, the in-laws including this petitioner, tortured her continuously with respect to not meeting the demand of dowry of one Katha land at Madhubani and finally after about lapse of many years when the informant wanted to know about the whereabouts or condition of his sister, he was deceived on one or the other pretext and finally it was brought to his notice that his sister was at large.
It has been submitted by learned senior counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been named in the F.I.R. During the course of investigation, name of the petitioner has come merely on the basis of suspicion. The occurrence is alleged to have taken place as back as from 15.01.2006 to 25.04.2014 but the case was instituted on 02.11.2014. Subsequently, the case was transferred to the Central Bureau of Investigation for investigation. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner and her family members in the present case. The petitioner is an unmarried girl aged about 32 years. On behalf of the State and the C.B.I., it is submitted
Patna High Court CR. MISC. No.56252 of 2019(2) dt.05-09-2019 3/3 that the name of the petitioner has come in course of investigation. The petitioner is suspected to have participated in the alleged occurrence alongwith her entire family. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, C.B.I., Patna, in connection with RC0922017S0003 dated 04.07.2017.
U.K./- (Sudhir Singh, J) U T