Sakina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29480 of 2025 Arising Out of PS. Case No.-215 Year-2010 Thana- SAKRA District- Muzaffarpur ====================================================== Sakina Khatoon W/o Late Md. Salim R/o Village- Boariya, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Punam Shrivastava, Advocate For the State :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.
3. As per prosecution case, FIR has been lodged against six named accused persons including the present petitioner against whom there is allegation that they have killed the informant's sister due to non-fulfillment of demand of dowry.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is mother-in-law of the deceased and is victim of over implication. There are general
Patna High Court CR. MISC. No.29480 of 2025(2) dt.12-05-2025 2/3 and omnibus allegation of demand of dowry and there is no specific accusation of overt act against this petitioner. Petitioner is separate in mess and property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of informant. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 02.04.2025 passed in Cr. Misc. No. 15551 of 2025. Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate, 1st Class
Patna High Court CR. MISC. No.29480 of 2025(2) dt.12-05-2025 3/3 (East), Court No.-10, Muzaffarpur in connection with Sakra (Muzaffarpur) P.S. Case No. 215 of 2010, subject to conditions as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T