Mazidan Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15723 of 2020 Arising Out of PS. Case No.-263 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== MAZIDAN NISHA, wife of Md. Ainul Resident of Village - Shivrampur, P.S.- Azam Nagar, Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Section 302/34 of the Indian Penal Code but cognizance has been taken under section 306/34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.15723 of 2020(2) dt.14-07-2020 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The marriage had taken place 15 years ago. The petitioner happens to be mother-in-law of the deceased. The petitioner is a lady. She has got no concern with the alleged occurrence. She is separate in mess and property from the husband of the deceased. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azam Nagar (Salwari O.P.) P.S. Case No. 263 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.15723 of 2020(2) dt.14-07-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T