Patna High CourtCR. MISC./61318/2018bail granted

Mairullah Khatoon v. The State Of Bihar

2018-10-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61318 of 2018 Arising Out of PS.Case No. -331 Year- 2017 Thana -LAURIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mairullah Khatoon, wife of Hassan Baitha @ Hassan Mian, Resident of Village- Bankatwa, Police Station- Lauriya, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present

Patna High Court Cr.Misc. No.61318 of 2018 (2) dt.26-10-2018 2/2 case due to mistake of fact. The petitioner is mother-in-law of the deceased. 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 331 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T