IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.104 of 2011
AFASANA KHATOON & ANR.
Versus
THE STATE OF BIHAR
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4. 22.04.2011. Heard the learned counsels for the
petitioners and the State.
The petitioners being the wives of
brothers of the husband are apprehending their
arrest in a case registered under Sections 328,
304(B),201, 364/34 of the Indian Penal Code.
The accusation is that the marriage was
performed three years prior to the occurrence
and there was demand of dowry and torture was
inflicted for non-fulfillment of the same. The
informant alleged poisoning in the F.I.R. but
the post mortem report reflects that the victim
died due to asphyxia.
It is submitted by the learned counsel
for the petitioners that the husband filed the
informatory petition before the police that the
victim went traceless. The dead body has been
recovered on the next day from the river. It is
further submitted that thrust of accusation is
against the husband.
Considering the aforesaid submissions
and the fact that the petitioners are ladies,
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let the petitioners, Afasana Khatoon and
Jainab Khatoon, be released on bail in the
event of arrest or surrender before the learned
court below within a period of twelve weeks
from today in connection with Siwan Mufassil
(Mahadeva O.P.)P.S. Case No. 198 of 2010 on
furnishing bail bond of Rs.10,000/-(Ten
Thousand)each with two sureties of the like
amount each to the satisfaction of the learned
C.J.M. Siwan, subject to the conditions as laid
down under Section 438(2) of the Code of
Criminal Procedure.
It is submitted by Mr. Dashrath Mehta,
learned counsel appearing for the State that
the female child of the victim is still
traceless.
In view of the matter, the petitioners
will file an undertaking on affidavit before
the learned court below that they will co-
operate in investigation.
It is made clear that the petitioners
have been given privilege of bail only because
they are the ladies.
U.K. (Dinesh Kumar Singh,J)