Sairo Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56746 of 2017 Arising Out of PS.Case No. -29 Year- 2013 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Sairo Khatoon, W/O Late Kari.

2. Akali, W/O Md. Mojahid.

3. Md. Ehsan, S/O Samsul. All residents of Village- Pokhariya, P.S. Shrinagar, District-Madhepura.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Manoj Kumar, Advocate. For the Opposite Partys : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Learned counsel for the petitioners is permitted to make necessary correction in paragraph no. 1 of the bail application.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A) and 307/34 of the IPC. Later on Section 302 of the IPC was also added. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.56746 of 2017 (2) dt.11-12-2017 2/2 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. Petitioner no. 1 is the mother-in-law of the deceased, petitioner no. 2 is the married Nanad of the deceased and petitioner no. 3 is the cousin of the deceased. They are separate in mess and property from the husband of the deceased.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Madhepura, in connection with Srinagar P.S. Case No. 29 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T