Patna High Court - Orders
Nagma Parveen @ Nagma Khatoon vs The State Of Bihar on 25 January, 2022
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32356 of 2021
Arising Out of PS. Case No.-189 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai
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1. NAGMA PARVEEN @ NAGMA KHATOON Daughter of Md. Hanif
Resident of Village - 33/2 G.T. Road, P.S.- Rishra, District - Hoogly, Bengal
(West Bengal).
2. Ladly Parveen @ Ladly Begum Daughter of Md. Hanif Resident of Village -
33/2 G.T. Road, P.S.- Rishra, District - Hoogly, Bengal (West Bengal).
3. Zahida Khatoon Wife of Md. Hanif Resident of Village - 33/2 G.T. Road,
P.S.- Rishra, District - Hoogly, Bengal (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rabi Bhushan, Adv.
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 25-01-2022Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail of the petitioner no.3, as she has died during pendency of this case and the case against her has become infructuous.
Permission is granted.
Patna High Court CR. MISC. No.32356 of 2021(2) dt.25-01-2022 2/3 The prayer for anticipatory bail made through the instant application, on behalf of the petitioner no.3 is dismissed as infructuous.
Now, the present application is being heard on the prayer for grant of anticipatory bail as against petitioner nos.1 and 2.
The petitioners apprehend their arrest in a case in connection with G.R.P. Kiul P.S. Case No.189 of 2019, registered for the offence punishable u/s 498(A), 304(B), 34 of the IPC.
Allegation against the petitioners is that they along with other accused persons have thrown the informant's sister from the train no.13006, due to non-fulfillment of demand of dowry.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case merely on suspicion. No such occurrence as alleged has ever taken place. Petitioner nos.1 and 2 are the sisters-in-law of the deceased and have no concern with the matrimonial affairs of the deceased. The husband of the deceased is already in custody since 27.02.2021, which is mentioned in para-11 of the bail application. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have Patna High Court CR. MISC. No.32356 of 2021(2) dt.25-01-2022 3/3 no criminal antecedent, as also mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner nos.1 and 2, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 G.R.P. Kiul P.S. Case No.189 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/-
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