Bibi Sitara @ Sitara Bibi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1529 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

Bibi Sitara @ Sitara Bibi Wife Of Murasid Alam R/O Mahadevganj Muslim Tola, P.S.- Sahebganj, Distt.- Sahebganj (JHARKHAND) 2.

Mili @ Tabassum Khatoon Wife Of Lokman R/O Sundarpur, P.S.- Pirpainti, Distt.- Bhagalpur 3.

Mousam @ Bibi Mausam Wife Of Shekh Mukktsar R/O Vill.- Sundarpur, P.S.- Pirpainti, Distt.- Bhagalpur 4.

Shekh Kukktsar @ Sk. Kukktsar Son Of Shekh Makbul R/O Vill.- Sunderpur, P.S.- Pirpainti, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mini Ayaj Wife Of Md. Awed, D/O Ayaz Hadi R/O Mohalla- Sahamat Mussain Lane, Uttar Tola Barahpura, P.S.- Ishak Chak, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 498A, 308, 120B/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is the step motherin-law of the informant, petitioner no. 2 is the younger sister-in-

Patna High Court CR. MISC. No.1529 of 2023(2) dt.02-05-2023 2/2 law and petitioner no. 3 is the elder sister-in-law petitioner no. 4 is brother-in-law of the informant. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the petitioners have suppressed the fact that they are enjoying the benefit of Section 41(a) of the Cr.P.C.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Ishak Chak P.S. Case No. 129 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T