Baby Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37322 of 2021 Arising Out of PS. Case No.-440 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== BABY KHATOON W/o Sonu Ahmad R/o village- Barhan Gopal, P.S.- Muffasil, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, the office will place the matter before the Bench.

The petitioner apprehends her arrest in a case in connection with Siwan (Muffasil) P.S. Case No.440/2020, registered for the offence punishable under Sections 304B, 120B, 34 of the Indian Penal Code.

The allegation against the petitioner is that she along with other FIR named accused persons has killed the daughter

Patna High Court CR. MISC. No.37322 of 2021(2) dt.24-02-2022 2/3 of the informant by putting her on fire, due to the nonfulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the elder sister-in-law of the deceased and it is submitted by learned counsel for the petitioner that the husband of the deceased has already been acquitted by the learned Court below vide Sessions Trial No.372 of 2021. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.37322 of 2021(2) dt.24-02-2022 3/3 connection with Siwan (Muffasil) P.S. Case No.440/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T