Shamshad Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61926 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- CHORAUT District- Sitamarhi ====================================================== 1.

SHAMSHAD KHATOON W/O ABDUL RAB CHOUDHARY Resident of Village- Mosidha, P.S.- Chorout District- Sitamarhi. 2.

PARVEEN KHATOON D/O ABDUL RAB CHOUDHARY Resident of Village- Mosidha, P.S.- Chorout District- Sitamarhi. 3.

FAISAL CHOUDHARY @ FAISAL HUSSAIN @ MD. FAISAL HUSSAIN S/O ABDUL RAB CHOUDHARY Resident of Village- Mosidha, P.S.- Chorout District- Sitamarhi.

4.

ABDUL RAB CHOUDHARY S/O LATE ISHAK CHOUDHARY Resident of Village- Mosidha, P.S.- Chorout District- Sitamarhi. 5.

MD. IRSHAD CHOUDHARY @ IRSHAD CHOUDHARY S/O ABDUL RAB CHOUDHARY Resident of Village- Mosidha, P.S.- Chorout DistrictSitamarhi. 6.

MD. ISHTEKHAR CHOUDHARY S/O ABDUL RAB CHOUDHARY Resident of Village- Mosidha, P.S.- Chorout District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP.

Mr. Ashhar Mustafa, Adv.

Mr. Abu Nasar, Adv.

Mr. Ashish Kumar Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

As per the allegation, the petitioners along with other accused persons are said to have killed the informant's daughter

Patna High Court CR. MISC. No.61926 of 2022(4) dt.24-06-2023 2/3 due to non-fulfillment of dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are in-laws of the deceased. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Md. Anwarul Haque, who is husband of the deceased, has been enlarged on bail by a co-ordinate bench of this court vide order dated 16.05.2023 passed in Cr. Misc. No. 60201. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.61926 of 2022(4) dt.24-06-2023 3/3 lower Court where the case is pending/successor Court in connection with Chorout P.S. Case No. 88 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T