Asharul Bibi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12487 of 2021 Arising Out of PS. Case No.-500 Year-2020 Thana- MASHRAK District- Saran ====================================================== ASHARUL BIBI W/O JAMALUDIN R/O VILLAGE-MASHRAKH PURAB TOLA, P.S.-MASHRAKH, DISTRICT-SARAN AT CHAPRA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narendra Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 304B and 34 of the Indian Penal Code.
As per the prosecution case, the accused persons including the petitioner herein who happens to be mother-in-law of the deceased are stated to have tortured the daughter of the informant for non-fulfillment of the demand of dowry and ultimately she was done to death.
It is submitted by learned counsel for the petitioner that the petitioner is the old mother-in-law of the deceased. She is innocent and has not committed any offence. She has been falsely implicated in the case. She is in custody since 16.9.2020 and has no criminal antecedent.
Patna High Court CR. MISC. No.12487 of 2021(4) dt.27-09-2021 2/2 The application for bail is opposed by learned A.P.P. for the State who submits that post-mortem report called for in the case has been received and the cause of death has been stated to be Asphyxia due to hanging.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being a lady and in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Mashrakh P.S. Case no.500 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Saran at Chapra. (Partha Sarthy, J) Saurabh/- U T