Mustkima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63151 of 2017 Arising Out of PS.Case No. -150 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Mustkima Khatoon, Wife of Late Md. Islam Resident of village- Nonia Tole, Ward No. 7, Police Station- Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No.150 of 2017 registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

It has been submitted that the allegation of torture and demand of money is against the husband, who is in custody. The petitioner is mother-in-law of the victim, who is an old lady. The marriage of victim took place for about 15 years ago as has been asserted in the written report. The petitioner is in custody since 10.03.2017 having clean antecedent.

The learned A.P.P. for the State opposed the

Patna High Court Cr.Misc. No.63151 of 2017 (2) dt.11-01-2018 submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No.150 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U