Fatima Khatoon @ Bibi Fatma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3152 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- NAUHATTA District- Saharsa ====================================================== Fatima Khatoon @ Bibi Fatma Khatoon age 60 years w/o Late Abdul Hannan Resident of Village-Nauhatta, Ward No.11, P.S. Nauhatta, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Nauhatta P.S. Case No. 151 of 2018 registered for the offence punishable under Sections 342, 341, 323, 307, 326, 498A/34 of the Indian Penal Code later on 302 of the IPC was added.

Allegation against the petitioner is of torturing the daughter of the Informant due to non fulfillment of demand of dowry and also setting her ablaze by pouring kerosene oil on her along with FIR named accused.

It has been submitted on behalf of the petitioner that she has committed no offence and has been falsely implicated in this case. It has been further submitted that the petitioner is the Mother-in-Law of the deceased and living separately. Petitioner has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.3152 of 2019(3) dt.14-02-2019 2/2 01.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Saharsa, in connection with Nauhatta P.S. Case No. 151 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U