Nusarat Ara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33256 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Nusarat Ara Wife Of Late Abdul Samad Resident Of Village - Sekhpura, P.S. - Biraul, District - Darbhanga ... ... 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 Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2024 Heard Mr.Subhash Kumar Jha, learned counsel for the petitioner and Mr.Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Biraul P.S.Case No.415 of 2023, G.R.No.788 of 2023, FIR dated 22.08.2023 registered for the offences punishable under Sections 304(B)/34 of IPC.
3. According to prosecution case, petitioner alongwith other accused persons have committed the dowry death of the daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that the
Patna High Court CR. MISC. No.33256 of 2024(3) dt.19-07-2024 2/3 petitioner is mother-in-law of the deceased. Further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that from a bare perusal of the FIR it appears that the date of occurrence as alleged in the FIR is 02.06.2023 but the present FIR has been instituted on 22.08.2023 after delay of more than two months and in fact the deceased has died in Lok Nayak Hospital, New Delhi during her treatment and Hospital has issued a death certificate and cause of death as mentioned in the certificate is acute Gastroenteritis/Metabolic Acidosis/Sepsis/Shock and the present FIR has been instituted only to harass the petitioner and her family members.
5. Learned A.P.P. for the State havs vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Biroul, Darbhanga in connection with Biraul P.S.Case No.415 of 2023,
Patna High Court CR. MISC. No.33256 of 2024(3) dt.19-07-2024 3/3 G.R.No.788 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T