Rukshana Khatoon @ Rajyatar Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17300 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== RUKSHANA KHATOON @ RAJYATAR KHATOON, Wife of Ravihasen Sai, Resident of Village-Makhnupur, P.S-Pachrukhi, District-Siwan, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, being mother-in-law of the informant's daughter is apprehending arrest in a case registered for the offences punishable under Sections 341, 326, 307, 498A, 506 and 120B of the Indian Penal Code, Sections 3⁄4 of the Dowry Prohibition Act and subsequently, Sections 302 and 304B of the Indian Penal Code were also added.
The prosecution case as per the written statement of
Patna High Court CR. MISC. No.17300 of 2019(2) dt.26-03-2019 2/3 Nizamuddin Shah submitted to the S.H.O., Pachrukhi P.S. is to the effect that the daughter of the informant, Rukhsar Khatoon was married with the son of the petitioner, Smamuddin Sai in the year 2015 but subsequent to the marriage, Rs.1,00,000/- was demanded as dowry and for non-fulfillment of the same, torture was inflicted upon the victim. On 04.05.2018, the informant received an information that his daughter has been get ablazed by her in-law family members and she is admitted in Sadar Hospital, Siwan. Therafter, the informant reached to the Sadar Hospital, Siwan where he found his daughter in burn injuries, subsequently, the daughter of the informant died during treatment.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the victim. In fact the victim caught accidental fire while cooking in the house and subsequently, she died during treatment at PMCH, Patna. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the statement of the victim was got recorded wherein she stated that the petitioner along with the other coaccused also poured kerosene oil and facilitated the
Patna High Court CR. MISC. No.17300 of 2019(2) dt.26-03-2019 3/3 commission of the offence.
Considering the fact that the accusation is omnibus and general against all the in-law family members including the petitioner and the petitioner being a lady aged about 74 years, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Siwan in connection with Pachrukhi P.S. Case No.124 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/- U T