Jaibul Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35075 of 2018 Arising Out of PS. Case No.-64 Year-2015 Thana- SAHEBGANJ District- Muzaffarpur ======================================================

1. Jaibul Khatoon, w/o- Sabdul

2. Sabdul, s/o- Md. Shahid Both resident of village Peni Chapra, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 307, 498A/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act in which section 304B IPC was added later on.

Allegation against the petitioners is of committing torture and assault and thereafter committed murder of the deceased due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioners are in custody since 20.3.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been

Patna High Court Cr.Misc. No.35075 of 2018(2) dt.19-06-2018 2/2 submitted in the present case. The petitioners are alleged to be the persons who have negotiated the marriage of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the family affairs of the husband of the deceased. The petitioners have been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-9th, Muzaffarpur in connection with S. Tr. No. 242 of 2018 arising out of Sahebganj P.S. Case No. 64/2015. (Sudhir Singh, J) Pankaj/- U T