Ajarun Khatoon @ Ajarul Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20092 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- MATIYARIA District- West Champaran ====================================================== Ajarun Khatoon @ Ajarul Khatoon W/O Late Mir Hasan Miyan @ Late Mir Asan Miyan R/O Vill.- Hauda Dumra, P.S.- Matiyariya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Matiyariya P.S. Case No. 94 of 2024 registered for the alleged offences under Sections 80(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the daughter of the informant was married with the son of the petitioner and allegation against the petitioner and co-accused persons is that of demanding dowry and assaulting the daughter of the informant. Lastly, the daughter of the informant was killed within three years of her marriage.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20092 of 2025(2) dt.23-04-2025 2/3 petitioner is a 65 years old lady and has been falsely implicated in this case. The daughter of the informant did not want to return to her matrimonial home and on being pressurized by the informant and her family members, she went to her matrimonial home with the co-accused husband and she committed suicide by hanging herself. Learned counsel further submits that there is no material on record to show that the petitioner was involved in causing death of the daughter of the informant. The postmortem report also shows the death was caused due to asphyxia as a result of hanging. Learned counsel further submits that the petitioner has been living separate from her co-accused son and the deceased. The husband of the deceased is already in custody since 07.09.2024. The petitioner is in custody since 20.01.2025 and charge-sheet has been submitted. The petitioner is having clean antecedent.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and further considering her age and clean antecedent and also considering the period of custody of the petitioner along with

Patna High Court CR. MISC. No.20092 of 2025(2) dt.23-04-2025 3/3 submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class/court concerned, Bettiah, West Champaran in connection with Matiyariya P.S. Case No. 94 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T