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Patna High CourtCR. MISC./48898/2015bail granted

Meena Khatoon v. The State Of Bihar

2016-01-29Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48898 of 2015 Arising Out of PS.Case No. -281 Year- 2014 Thana -PURNEA SADAR District- PURNIA ====================================================== Meena Khatoon Wife of Md. Gani, R/o Village - Damka, Gulab Bagh, Zero Mile, P.S. - Sadar, District - Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Sadar P.S. Case No. 281/2014 registered for the offences punishable under Sections 323, 324, 341, 498(A), 307/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Later on Section 302 of the Indian Penal Code was added.

Allegedly, the daughter of the informant was burnt after sprinkling kerosene oil and setting her on fire due to nonfulfillment of additional demand of dowry by way of Rs. 30,000/- by the petitioner and other in-laws.

Submission is of false implication, that the petitioner is married Nanad (sister-in-law) of the deceased, she was living in her matrimonial house after her marriage having no concern with the deceased and her husband, the informant came to know about

Patna High Court Cr.Misc. No.48898 of 2015 (3) dt.29-01-2016 2/2 the occurrence on 24.04.2014 but the case was instituted on 05.06.2014 after a period of 39 days without any explanation, other co-accused Md. Mustakim and Md. Salam have already been allowed bail by another co-ordinate Bench of this Court and as such the petitioner deserves sympathetic consideration as she is in custody since 06.06.2015.

Learned A.P.P. fairly submits that the petitioner is married sister-in-law of the deceased.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 281/2014, subject to the conditions that one of the bailors must be 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 her part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rakhi U T