Shahjahan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19027 of 2025 Arising Out of PS. Case No.-503 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Shahjahan Khatoon Wife of Late Md. Yunus Resident of Village - Khazagali, P.S. - Budha Colony, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Budha Colony P.S. Case No. 503 of 2024 registered for the offences under Sections 80, 238, 3(5) of BNS.
3. The allegation against the petitioner and others is of demand of dowry and due to non-fulfillment of the same they had killed the daughter of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that petitioner is grandmother of deceased's husband namely Md. Imran and an old lady. On 07.08.2024 Afshana Khatoon (deceased) had started
Patna High Court CR. MISC. No.19027 of 2025(3) dt.16-05-2025 2/3 doing abnormal behavior and suddenly fell down and became senseless than the petitioner and his grandson Md. Imran reached Peoples's Health Center, Budha colony, Patna for her treatment. It is lastly submitted that the petitioner has no criminal antecedent and is in Judicial Custody since 18.10.2024.
5. Learned counsel for the State has opposed the prayer for regular bail.
6.
Considering the aforesaid facts and circumstances of the case and taking into account that the petitioner is an old lady and is in Judicial Custody since 18.10.2024, let the petitioner above-named be enlarged on bail 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 C.J.M, Patna in connection with Budha Colony P.S. Case No. 503 of 2024 subject to the conditions that a. One of the bailors of the petitioner shall be her close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
Patna High Court CR. MISC. No.19027 of 2025(3) dt.16-05-2025 3/3 c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
d. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Prakash/- U