Marcham Khatoon @ Basila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25532 of 2023 Arising Out of PS. Case No.-37 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== MARCHAM KHATOON @ BASILA KHATOON Wife of Late Hasim Safi R/V- Sothgawn, PS- Harlakhi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Harlakhi P.S. Case no.37 of 2021 registered under sections 304B, 201, 120B, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant was married to the son of the petitioner herein. The informant states that all the accused persons tortured her daughter for non-fulfillment of demand of dowry by way of a motorcycle and ultimately the informant's daughter was done to death.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for the reason of her being the mother-in-law of the deceased. The

Patna High Court CR. MISC. No.25532 of 2023(2) dt.19-05-2023 2/2 allegations are general and omnibus in nature and the petitioner is in custody since 1.2.2023. The complaint was filed after a delay of six months. Charge-sheet has been submitted in the case. Co-accused Md. Azim Safi, who happens to be the husband of the deceased and son of the petitioner herein was enlarged on bail vide order dated 6.1.2023 passed in Cr. Misc. no.20508 of 2022.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the petitioner being the mother-in-law of the deceased, the allegations being general and omnibus in nature, the husband of the deceased having been enlarged on bail vide order dated 6.1.2023 (Annexure-2), the petitioner being in custody since 1.2.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Harlakhi P.S. Case no.37 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IInd, Benipatti, District-Madhubani.

(Partha Sarthy, J) Shiv/- U T