Rehana Khatoon @ Rehana Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9276 of 2024 Arising Out of PS. Case No.-374 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Rehana Khatoon @ Rehana Nesha W/o Izhar Ansari @ Md. Ijhar Ali R/o vill - Barharwa Mahanad, P.S. - Kalyan Pur, Distt. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 374 of 2023 instituted for the offences under Section 304(B)/34 of the Indian Penal Code

3. As per prosecution case, the allegation against the accused persons including the present petitioner of committing murder of the daughter of the Informant for non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case. The petitioner is the mother-in-law of the deceased. He submits

Patna High Court CR. MISC. No.9276 of 2024(3) dt.25-04-2024 2/3 that the petitioner has no concern with the deceased and her husband as she has already been separated from them and she resides separately. He further submits that the case between the parties has been compromised and a compromise petition has also been filed. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The deceased has died due to illness and after her death, the Informant was also informed. The petitioner has no criminal antecedent and is languishing in judicial custody since 23.10.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named in the F.I.R. and there is direct allegation against the petitioner. During investigation, the witnesses in Para-10 & 34 have supported the prosecution case. Postmortem report also supports the prosecution case. The I.O. after investigation has submitted under Section 304(b)/302/34 of the Indian Penal Code. The offence alleged is serious in nature and, thus, the petitioner does not deserve bail.

6. Having heard rival contention of both the parties, considering the entire facts and circumstances of the case and

Patna High Court CR. MISC. No.9276 of 2024(3) dt.25-04-2024 3/3 taking into account there being general and omnibus allegation against the petitioner as also the petitioner being lady, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. Case No. 374 of 2023. (Rudra Prakash Mishra, J) rishi/- U T