← Library
Patna High CourtCR. MISC./7976/2023bail granted

Farida Khatoon v. The State Of Bihar

2023-04-29Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7976 of 2023 Arising Out of PS. Case No.-310 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== FARIDA KHATOON, aged about 43 years, Female, W/O ARSHAD ALI R/v- Telkathu, P.S.- M.H. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Hussainganj (M.H. Nagar) P.S. Case No. 310 of 2022 dated 28.11.2022 registered for the offence(s) punishable under Section(s) 498(A), 304(B)/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. The main submissions advanced by the learned counsel for the petitioner are that in fact no marriage has taken place in between the deceased and son of the petitioner rather the informant has falsely implicated all the family members of the petitioner on the basis of concocted and fabricated story, the victim girl was in one sided love with the petitioner's son and since the petitioner's son was not ready for the marriage with her, she allegedly committed suicide while residing in her

Patna High Court CR. MISC. No.7976 of 2023(2) dt.29-04-2023 2/2 parents' house at her own native place by consuming poison and petitioner is the mother of the co-accused Sheikh Imdar, who was in love with the deceased as per FIR, and now good relation has restored in between the parties and compromise petition has been filed by the informant before the trial court and petitioner is a woman and she has been languishing in jail since 08.12.2022 and against her, investigation has been completed and the instant matter relates to the suicide of the victim.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Hussainganj (M.H. Nagar) P.S. Case No. 310 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T