High Court Patna High Court - Orders

Farzana &Amp; Ors vs The State Of Bihar on 12 July, 2010

Patna High Court – Orders
Farzana &Amp; Ors vs The State Of Bihar on 12 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.21488 of 2010

                  1. Farzana, W/o Md. Saiful
                  2. Hamida, W/o Afroz
                  3. Irsat , D/o Md. Qaiyum
                  4. Md. Qaiyum, W/o Late Anis
                  All are residents of Village- Rampur Purwari Tola, Kela Bari, P.S.-
                  Gogri, District- Khagaria.
                                                                      ..........Petitioners.
                                                  Versus
                  THE STATE OF BIHAR                            ........... Opposite Party.

                                                -----------

2. 12-07-2010 Petitioner No.-1 is the wife of elder brother of the

husband of the deceased, Petitioner no. 2 is the married sister of the

husband, Petitioner no. 3 is the unmarried sister of the husband and

Petitioner no. 4 is the father-in-law of the deceased are apprehending

their arrest in a case registered under sections 304B/34 of the Indian

Penal Code.

It is alleged in the F.I.R. that marriage took place 7-8

years prior to the occurrence, though the dead body was found by the

informant in the house of husband of the deceased. It is suspected that

all the family members strangulated her by putting rope in the victim’s

neck.

In view of the own averments of the informant that the

marriage took place 7-8 years ago which itself make the prosecution

case improbable under sections 304B I.P.C. Moreover, allegations

have been levelled on the basis of suspicion.

Learned A.P.P. however, submits that the petitioners

are named in the F.I.R. and their hands have been suspected by the
-2-

informant.

Considering the aforesaid facts and keeping in view that

petitioner nos. 1 to 3 are the female members and petitioner no. 4 is

aged person, let the petitioners be released on anticipatory bail in the

event of their arrest and/or surrender before the court below within a

period of 12 weeks from today, on furnishing bail bonds of Rs.

10,000/-(ten thousand) with two sureties of the like amount each to the

satisfaction of the learned Chief Judicial Magistrate, Khagaria in

connection with Gogari P.S. Case No. 60/2010 (G.R. No. 598/2010).

Sujit                                               (Dinesh Kumar Singh,J.)