Rahima Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18248 of 2020 Arising Out of PS. Case No.-186 Year-2019 Thana- DHAKA District- East Champaran ====================================================== RAHIMA KHATOON W/o Sk. Soyeb @ Ganaur @ Soyeb Alam Resident of Village- Sorpaniya, P.S.- Dhaka (Pachpokadi), Distt- East Champaran. ... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-06-2020 The matter has been listed today for consideration through Video Conferencing in view of the Nationwide Lockdown on account of the Covid 19 pandemic.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Heard learned Senior Counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in Dhaka (Pachpakadi) PS Case No. 186 of 2019 registered under Section 304B/34 of the IPC. The case of the prosecution, as per the version of father of the victim, is that since last three - four years his daughter was being tortured for non fulfilment of demand in relation to dowry by the in-laws. It is alleged that she was strangulated and subsequently set ablaze by her husband, father-in-law and mother-in-law. The petitioner is mother-in-law. It is submitted that she is in custody since 7.1.2020. There is no specific allegation of any overt act against the petitioner. It is submitted that the husband of the
Patna High Court CR. MISC. No.18248 of 2020(3) dt.08-06-2020 2/2 deceased is in custody. The petitioner along with her husband were residing separately and have no concern with the affairs of the deceased and her husband. By virtue of her relationship she has been implicated in this case.
Learned APP has opposed the prayer for bail.
Considering the rival submissions this Court is inclined to allow trhe prayer for bail.
Let the petitioner above named 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 SDJM Sikrahana at Dhaka, East Champaran in Dhaka (Pachpakadi) PS Case No. 186 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SNkumar/- U T