IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23654 of 2008 1. KAMRUN NISHA, WIFE OF LATE MD. ZAFAR 2. LAL BIBI @ LAL BUBU, WIFE OF MD. NISAR 3. JINAT PARVIN, DAUGHTER OF LATE MD. ZAFAR . ALL OF RESIDENT OF VILLAGE-KHAURIBANKA, POLICE STATION- BISFI, DISTRICT- MADHUBANI Versus THE STATE OF BIHAR For the Petitioners:- Mr. M. Nasrul Hoda Khan, Advocate For the State:- Mr. R.K.P. Yadav, A.P.P. ----------- 04 30.09.2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are facing prosecution under Sections 323, 498A, 304(B), 379 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that though the complaint was filed with statement that the victim girl has died with prayer to prosecute the accused persons under Sections 498A as well as 304B of the Indian Penal Code, but the court below has taken cognizance under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act only as the girl has died at her parents place. It is further stated that the allegations are general and omnibus against the petitioners. It is stated that both the parties have compromised the matter as per Annexure-2.Petitioner No.1 is Mother- in-law, whereas petitioner No.2 and 3 are married and unmarried “Nanad” respectively. Learned counsel for the State submits that there are general - 2 - and omnibus allegations of torture and dowry against all the accused persons. Having regards to the aforesaid submissions made on behalf of the parties and in the facts and circumstances of the case, petitioners namely Kamrun Nisha, Lal Bibi @ Lal Bubu and Jinat Parvin, in the event of arrest or surrender in the court below within six weeks from the date of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Madhubani, in connection with C.R. No. 536 of 2006, T.R. No. 1934 of 2007 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. P.K. (Dr. Ravi Ranjan, J.)