Chandtara Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34884 of 2021 Arising Out of PS. Case No.-511 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== CHANDTARA KHATOON W/o Sheikh Emroz Resident of Kairtiya, Baldiha, P.S. Yogapatti (Nawalpur), District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2021 This matter is taken up for consideration through Video Conferencing.
Heard both parties.
The petitioner seeks bail in Yogapatti (Nawalpur) P.S. Case No. 511 of 2020, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married with co-accused Sheikh Meraj three years ago. After marriage, this petitioner along with other co-accused used to torture and harass the daughter of informant for dowry and ultimately, the accused persons killed her by administering her poison due to non-fulfillment of demand of dowry. It is submitted on behalf of the petitioner that petitioner is Sister-in-law(Gotani) of the deceased and she is
Patna High Court CR. MISC. No.34884 of 2021(2) dt.07-09-2021 2/2 living separately and has no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation. Petitioner is in custody since 10.01.2021 having no criminal antecedent. Investigation is complete. Considering the facts and circumstances of the case and the fact that petitioner is Sister-in-law (Gotani) of the deceased and there is general and omnibus allegation, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti (Nawalpur) P.S. Case No.
511 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.