Patna High CourtCR. MISC./68732/2024partly allowed disposal

Israt Parween @ Israt Khatoon v. The State Of Bihar

2024-11-28Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68732 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== 1.

Israt Parween @ Israt Khatoon W/o- Safi Ahmad Residents of villageSobhan, P.S- Simri, District- Darbhanga 2.

Guriya Parween @ Amrin Parween D/o- Safi Ahmad Residents of villageSobhan, P.S- Simri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubham Sourav For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-11-2024

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Simri P.S. Case No. 85 of 2024 dated 26.04.2024 registered under Sections 304(B) / 34 of the I.P.C.

3. As per the first information report the sister of the informant was married to one Md. Shakil as per Mohammedan Law. It is alleged that the brother-in-law of the informant's sister started pressurizing for Rs. 5 Lakh and one Bullet motorcycle as dowry. On the fateful day of 26.04.2024 at 9:00-10:00 A.M. the informant got information that his sister has been killed by her husband and other family members in her matrimonial house.

4. Learned counsel for the petitioners submits that allegation against the petitioners is not specific rather the same is general

Patna High Court CR. MISC. No.68732 of 2024(3) dt.28-11-2024 2/3 and omnibus in nature. During the course of investigation not even a single independent witness has come forward to support the factum of occurrence. It is further submitted that the deceased died due to illness. The petitioner no. 1 is the motherin-law and the petitioner no. 2 is sister -in-law of the deceased. He further submits that petitioners have no concern with the deceased or her husband and they are separated by metes and bounds from them.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the sister of the informant died within one year from the date of marriage in her matrimonial home and the petitioner no. 1 is the mother-in-law of the deceased and deceased on the date of occurrence made a call to her mother that she would be killed by her in-laws , I am not inclined to extend the privilege of anticipatory bail to the petitioner- 1. The prayer for bail of petitioner no. 1 is rejected.

6. However, the petitioner no. 2 is the sister-in-law and there is general and omnibus allegation against her, as such, I am inclined to grant anticipatory bail to the petitioner no. 2.

7. Let the petitioner no. 2, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on

Patna High Court CR. MISC. No.68732 of 2024(3) dt.28-11-2024 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Simri P.S. Case No. 85 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T