IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25476 of 2008
ZUBAUDA KHATOON & ANR
Versus
STATE OF BIHAR
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2. 9.7.2008 Heard.
Petitioner Zubaida Khatoon is the mother-in-law and petitioner
Sibi Khatoon is the sister-in-law of the informant. The case is under section
498A of the Indian Penal Code and the allegation is that for not getting
additional dowry desired by the accused persons, the lady was assaulted and
tortured and was attempted to be burnt but on her crying for mercy, she was
spared and pushed out of matrimonial house. Petitioners being lady, mother
and sister of the husband, is in custody since 14.1.2007.
Learned Judge who dismissed the prayer for bail appears
applying poor standard of appreciations, else , he ought not to have missed
vital circumstances in his order, like, crying for mercy and on that being
pushed out of the matrimonial house. There needs a more distinct
appreciation on a prayer for bail and if such prayers are dismissed in a case
under section 498A of the Indian Penal Code, there could not be an end of
filing of petitions before this Court of the present nature. The petition is
allowed and two petitioners, above named, are directed to be released on
bail on furnishing bail bond of Rs.2000/-(Two thousand) each with two
sureties of the like amount each to the satisfaction of the Chief Judicial
Magistrate, Nawadah, in connection with Warisaliganj P.S. case no.98 of
2006.
sudip ( Dharnidhar Jha, J )