Ehnulia Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18378 of 2016 Arising Out of PS.Case No. -278 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Ehnulia Khatun, Wife of Late Tetra, resident of Village- Tegharia Belagchi, Police Station- Kishanganj in the district of Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 304 (B) of the I.P.C Nuri Khatoon, the daughter of the informant, was married to Md. Akbar, the son of the petitioner, 1 1⁄2 years ago and out of the wedlock there is a son but thereafter allegedly Md. Akbar and the petitioner started demanding additional dowry by way of cash of Rs. 40,000/- and one colour T.V. However, Rs. 15,000/- was given to Mr. Akbar and to fulfill rest he gave threats and ultimately the informant got information that Nuri committed suicide by hanging herself.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.18378 of 2016 (3) dt.29-06-2016 2/2 petitioner is the old mother-in-law, there is no specific allegation against her, the daughter of the informant has committed suicide, the petitioner without any fault is suffering in custody since 30.09.2015, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. submits that the petitioner is the mother-in-law. In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-1st, Kishanganj in S.T. No. 470 of 2015 arising out of Kishanganj P.S. Case No. 278 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T