Aliyara Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33106 of 2022 Arising Out of PS. Case No.-637 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== Aliyara Khatoon wife of Md. Jahangir @ Md. Jahangir alam Resident of Village - Lokwa Ghat, Lawaghat (Ramghat), P.S. Mufassil (Ranipatra), District - Purnea.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bipin Kumar, Advocate For the State :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Sadar (Mufassil) P.S. Case No.637 of 2021 registered for the offence under Sections 341, 323, 304(B) and 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. The accused/petitioner is named in the F.I.R. and is in custody since 07.02.2022.
The allegation against the petitioner is to cause death of the daughter of informant, alongwith other co-accused persons/family members by setting deceased on fire after pouring petrol, due to non fulfillment of demand of dowry as raised for cash of Rs.2,00,000/- (Rupees Two Lakhs) and one
Patna High Court CR. MISC. No.33106 of 2022(3) dt.13-12-2022 2/3 motorcycle.
Learned counsel appearing on behalf of the petitioner submitted that allegation of demand of dowry and setting deceased on fire is very much general and omnibus against this petitioner. It is further pointed out that as petitioner is the second wife of main co-accused, who is the husband of deceased, namely, Jahangir have been falsely implicated in this case without having any connecting evidence. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer of bail fairly conceded that petitioner is the second wife of the husband of deceased.
In view of the facts and circumstances as mentioned above as petitioner is lady, who is in custody since, 07.02.2022 coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Sadar (Mufassil) P.S. Case No.637 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of IIIrd Additonal District and Sessions Judge, Purnea/concerned court,
Patna High Court CR. MISC. No.33106 of 2022(3) dt.13-12-2022 3/3 subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Tripathi/- U T