Harira Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11389 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Harira Khatoon, D/O Julfakar Ahmad R/O Village- Deurwa Sitapur (Kandhwaliya) Ps. Lauriya, Dist. West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N A Shamsi, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lauriya P.S. Case No.301 of 2023 instituted for the offences punishable under Section 306 of the IPC.

3. The prosecution case, in short, is that informant's son was married with the petitioner, namely, Harira Khatoon in the year 2018 and after that tortured by his wife. After sometime, on 25.10.2023 the son of the informant had committed suicide. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and falsely been implicated in the present case. The learned counsel next submits that petitioner is a lady and is having pregnancy of two months and the allegation levelled against the petitioner is

Patna High Court CR. MISC. No.11389 of 2024(2) dt.23-02-2024 2/2 absolutely false and incorrect. Further learned counsel for the petitioner submits that petitioner had earlier lodged a case against her husband and his family members. The learned counsel for the petitioner submits that in the postmortem examination, the reason of death is due to hanging. Further submits that charge sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner submits that petitioner is a lady and she is in custody since 27.11.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the entire facts and circumstance of the case, and taking into account the period of custody of the petitioner as and the fact that petitioner is having pregnancy, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Lauriya P.S. Case No.301 of 2023.

(Rudra Prakash Mishra, J) Prakash Narayan U T