Patna High CourtCR. MISC./42341/2016bail granted

Matluba Khatoon v. The State Of Bihar

2016-10-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42341 of 2016 =====================================

1. Matluba Khatoon, wife of Habibul @ Habbul, resident of Village- Kasba Toli, P.S.- Barsoi, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. Gopesh Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Barsoi (Kachna O.P.) P.S. Case No. 142 of 2016, disclosing offences under Sections 302/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased.

Learned counsel for the petitioner has submitted that except for the allegation that the informant's daughter died on 08.08.2016 and vague allegation of demand of dowry and torture has been made, there is nothing specific

Patna High Court Cr.Misc. No.42341 of 2016 (2) dt.06-10-2016 2/2 against this petitioner. According to him, there is no allegation against the petitioner which can constitute an offence under Section 302/34 of the Indian Penal Code. Considering the submission, as above, and the fact that the petitioner is a lady, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Barsoi (Kachna O.P.) P.S. Case No. 142 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T