Nanhi Pravin @ Nanhi Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32287 of 2023 Arising Out of PS. Case No.-156 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== Nanhi Pravin @ Nanhi Khatoon Wife Of Kadir @ Abdul Kadir Resident Of Village - Nirpur, P.S.- Chautham, District - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amir Alam For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code and Sections 3⁄4 of DP Act, subsequently Section 302 was also added.
As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand and the petitioner is alleged to be mother-in-law of the deceased.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is mother-in-law of the deceased due to which she has falsely been implicated in the present case. She has got no criminal antecedent. The petitioner has no concern with mess and business of the deceased as well as her husband and was
Patna High Court CR. MISC. No.32287 of 2023(3) dt.26-07-2023 2/2 living separately from them. The informant is not an eye witness of the alleged occurrence and there is no specific allegation of overt-act levelled against the petitioner. It is further submitted that the husband of the deceased has the main responsibility to keep his wife with proper honour and dignity. The petitioner suo-motu surrendered on 06.12.2022, since then he is languishing in judicial custody.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chautham P.S. Case No. 156 of 2021 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, Ist Class, Khagaria.
(Sunil Kumar Panwar, J) Manishkumar/- U T