Saida Khatoon @ Shayeda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62763 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1.

SAIDA KHATOON @ SHAYEDA KHATOON W/O IMAM HASSAN DEWAN @ IMAN HASSAN SHAH @ IMAN HASAN SAH R/O VILLAGE- BELVANIYA, HAJMA TOLA, GOKHULA, PS. SHIKARPUR, DIST. WEST CHAMPARAN 2.

PAPPU DEWAN @ PAPPU SAH S/O IMAM HASSAN DEWAN @ IMAN HASSAN SHAH @ IMAN HASAN SAH R/O VILLAGE- BELBANIYA, GOKHULA, PS. SHIKARPUR, DIST. WEST CHAMPARAN 3.

JARINA KHATOON @ JARINA KHATUN W/O NAZRE ALAM RESIDENT OF WARD NO. 1, VILLAGE- BHAGAUNA, MUSHARWA, PS. SATHI, DIST. WEST CHAMPARAN 4.

NEJAMUDDIN DEWAN @ NEJAMUDDIN SHAH @ NEJAMUDIN DEWAN S/O LATE SAGEER DEWAN RESIDENT OF BHAWANIPUR, KURSHI BARAWA, PS. SIKTA, DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vatsal Verma, Advocate.

For the Opposite Party/s :

Mrs.Rina Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Vatsal Verma, learned counsel appearing on behalf of the petitioners and Mrs. Rina Sinha, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Shikarpur P.S. Case No. 209 of 2023 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per allegation made in the F.I.R., the petitioners along with other family members had demanded dowry and subjected the daughter of the informant to various sort of torture

Patna High Court CR. MISC. No.62763 of 2023(2) dt.16-10-2023 2/2 for non-fulfillment of demand of dowry. It is further alleged that all the accused persons including the petitioners killed the daughter of the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. They had cordial relationship with the daughter of the informant and they had never demanded any dowry from the family of the informant.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on pre-arrest bail. However, the petitioners may file regular bail before the court below and the court below is directed to consider the regular bail application of the petitioners on the same day and pass an order in accordance with law on the basis of the materials available on record.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U