Patna High CourtCR. MISC./30666/2025bail granted

Musterun @ Musatrun v. The State Of Bihar

2025-07-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30666 of 2025 Arising Out of PS. Case No.-396 Year-2024 Thana- POTHIYA District- Kishanganj ====================================================== Musterun @ Musatrun Wife of Khus Mohammad R/o Ghiyagaon, P.S.- Pothia, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pothia P.S. Case No. 396/2024 dated 26.12.2024 registered for the offence punishable u/s 103(1), 80(2), 61(2) read with section 3(5) of the B.N.S. Further the cognizance has been taken against the petitioner u/s 80(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.30666 of 2025(3) dt.21-07-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is mother-in-law of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj in connection with Pothia P.S. Case No. 396/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T