Amina Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22403 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- BARHARIA District- Siwan ====================================================== AMINA KHATUN W/o Amir Hasan R/o Village- Mathurapur, P.S.- Barharia, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-04-2025 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Barharia P.S. Case No. 01 of 2025 for the offence under sections 80(1) and 3(5) of the B.N.S. Act lodged on 01.01.2025 by the informant, Kamrul Hoda Ansari.
3. As per the prosecution story, the informant alleged that the marriage of the daughter was solemnized in the year 2021 but was always tortured for dowry and on the fateful day, they came to know about the death of the girl. This led to the FIR.
4. Learned counsel for the petitioner submits that actually the lady committed suicide, the entire family members have been implicated and both the husband and the father are in custody (paragraph-17 of the petition), she is a lady and has no
Patna High Court CR. MISC. No.22403 of 2025(2) dt.23-04-2025 2/3 role to play in the matter.
5. Learned APP opposes the prayer.
6. Taking into account the submissions of the parties as also that the Sessions Court's order shows that the cause of death has been opined as asphyxia due to hanging, both the husband and the father-in-law are in custody, the petitioner is a lady having no criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-III, Siwan, in connection with Barharia P.S. Case No. 01 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.22403 of 2025(2) dt.23-04-2025 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T